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Law of 4 May 1972 on the implementation of the Convention on jurisdiction and the enforcement of judgments in Brussels between the Member States of the European Economic Community of 27 September 1968 civil and commercial matters, with Protocol
We JULIANA, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc., etc., etc.
All of them, who will see or hear these, saluut! do know:
In this regard, we have taken account of the need to make provision for the implementation of the Treaty of Rome between the Member States of the European Economic Community of 27 September 1968 between the Member States of the European Economic Community. judicial jurisdiction and the enforcement of judgments in civil and commercial matters, with Protocol.
In this way, we, the Council of State, and with the mean consultations of the States-General, have been well-regarded and understood to be right and to be understood by the following:
For the purposes of this Law, 'the Convention' means the Convention on jurisdiction and enforcement of judgments between the Member States of the European Economic Community, signed in Brussels on 27 September 1968 between the Member States of the European Economic Community, and the civil and commercial matters, with Protocol ( Trb. 1969, 101).
1 With regard to the leave to execute pursuant to Article 31 of the Convention, the Articles 985-991 of the Code of Civil Procedure Not applicable.
2 The leave referred to in paragraph 1 shall be requested by application lodged in the Netherlands language, without prejudice to: Article 7 of the Law uses Frisian language in the right of law It shall be submitted to the Registry by a lawyer and shall also be in the choice of domicile within the district of the court. The application shall be dealt with and shall be decided by the court's security judge.
3 Without prejudice to the provisions of Article 48 (1) of the Convention, the applicant shall be given an opportunity to supplement the documents submitted to the application without sufficient satisfaction.
4 By way of derogation from the second sentence of the second paragraph, the assistance of a lawyer shall not be required if the amount requested by the party against whom enforcement is sought is not more than the sum of the amount specified in the Article 93 (a) of the Code of Civil Procedure If the former amount is expressed in a foreign currency, it shall be converted at the rate of the day of submission of the application for enforcement.
1 Acceptance of the request takes the form of a simple leave of leave which is to be decided upon in the forwarding of the decision to be implemented.
2 The court's provision of supply shall condemn the debtor in the costs of the issue of leave.
3 Refusal of leave to apply shall be given by a reasoned decision.
(4) The notification to the applicant of the decision given on the request shall be made by letter.
The court until a court of sufficient authority the application for enforcement order was addressed shall take note of the opposition provided for in Articles 36 to 39 of the Treaty.
The appeal in cassation, as provided for in Article 37, last paragraph, of the Convention, must be instituted within one month of the day following the day of the judgment of the appeal of the court of appeal.
1 The appeal referred to in Article 40 of the Convention must be lodged within one month of the day of the day of the decision, where the leave has been refused.
2 In the case of appeal, the paragraphs 1-3 of Article 2 applicable mutatis mutandis.
3 The Court of Justice shall act expeditably, but not after hearing, at least at the notice of the parties.
4 The court determines the day and the hour before the hearing.
5 The duties shall be made by the Registrar, as follows:
a. of the Party against whom enforcement has been requested, by registered letter for which a message of receipt is required, unless the Court orders a different order of summons;
b. of the applicant, by letter.
6 Without prejudice to the second sentence of the second paragraph of Article 40 of the Convention, the Court of Justice may order, if an opoepene does not appear, its additional order. The same shall apply if a party has been wrongly not called upon.
7 The parties shall appear in the case of lawyer.
8 At the end of the hearing, the court shall inform it when the ruling is to take place.
1 The order of the Court of Justice shall state the reasons on which it is based and shall be made public.
2 The decision is enforceable in the case of a deposit without a guarantee provided that the court decides otherwise.
3 As regards procedural costs, the provisions of the second paragraph of the 12th Section of the Second Title of the First Book of the Code of Civil Procedure shall apply.
1 The appeal in cassation, as provided for in Article 41 of the Convention, must be instituted within one month of the date of the day of the order of the Court of Justice.
2 Article 7, first paragraph , shall apply mutatis mutandis.
3 No objection has been accepted against the High Court's decision.
The provisions of the preceding Articles shall apply mutatis mutandis to enforceable titles referred to in Articles 50 and 51 of the Convention.
This law will enter into force on a date to be determined by Us.
Burdens and orders, which are in the State Sheet will be placed, and that all Ministerial Departments, Authorities, Colleges and Officials, who so concern, will keep their hands on the precise execution.
Issued at Paleize Soestdijk, 4 May 1972
JULIANA.
The Minister of Justice,
FROM AGT.
The Minister for Foreign Affairs,
N. SCHMELZER.
Issued the 12th of May 1972.The Minister of Justice,
FROM AGT.