Key Benefits:
Law of 13 December 2001 implementing Regulation (EC) No 1348/2000 of the Council of the European Union of 29 May 2000 on the service in the Member States of judicial and extrajudicial documents in civil or civil-law Commercial matters (PbEG L 160/37) (Implementing Law EC-meaning regulation)
We Beatrix, 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 into consideration the need to make provision for the implementation of the Regulation (EC) No 1348/2000 to the Council of the European Union of 29 May 2000 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters (PbEG L 160/37);
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 purpose of this Act:
a. Regulation: Regulation (EC) No 1013/EC 1393/2007 of the European Parliament and of the Council of 13 November 2007 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters (service of public or commercial matters) ("service of the Member States") ("service of the Member States") ("), ('), and repealing Regulation (EC) No 1428/EC, 1348/2000 (PbEU L 324/79);
(b) dispatching bodies: sending bodies as referred to in Article 2 (1) of the Regulation;
(c) receiving agencies: receiving agencies as referred to in Article 2, second paragraph, of the Regulation.
1 As sending bodies, the courts of the Netherlands shall be designated as the consenting bodies.
2 As the receiving agencies are designated the bailiffs and the Royal Vocational Organisation of the Court of Courts.
3 As regards the notification of judicial documents by a court or the Registrar of a court of first instance, courts shall be appointed as a transmitting agency.
1 As a central authority as referred to in Article 3 of the Regulation, the Netherlands shall be appointed by the Royal Professional Organisation of Courts of Courts.
2 Our Minister of Justice may lay down detailed rules on the way in which the central authority implements its tasks, as provided for in Article 3 of the Regulation.
1 A form sent to a receiving agency in the Netherlands as referred to in Article 4 (3) of the Regulation may be entered in the English or German languages.
2 A certificate sent to a transmitting agency in the Netherlands as referred to in Article 10 of the Regulation may be entered in the English or German languages.
An application to a receiving authority in the Netherlands for service shall be carried out by means of an exploot, unless the application results in the application to be carried out in other ways.
1 The allowance for assistance by a bailier on the service of judicial or extrajudicial documents as referred to in Article 11 of the Regulation from another Member State shall be € 65.
2. Our Minister of Justice may amend the amount referred to in paragraph 1 once every five years from the date of application of the Regulation if there are grounds for such action.
1 By way of derogation from Article 19 (1) of the Regulation, the court may decide, even if no certificate of service has been received, if all of the following conditions are fulfilled:
(a) the document has been sent to one of the methods provided for in the Regulation;
(b) since the date of transmission of the document, a period of time has elapsed which shall be fixed by the court for each individual case, but which shall be at least six months;
c. In spite of any reasonable effort to that effect, no proof could be obtained by the competent authorities or bodies of the requested State.
(2) In a case in which no certificate referred to in paragraph 1 has been received, the conditions laid down in that paragraph are not satisfied, the court may, whether or not in the course of a period to be determined by the judge, if he or she may be present for that purpose. Eight, refuse to grant absentia against the defendant.
3 A request for the granting of a new period as provided for in Article 19 (4) of the Regulation shall be admissible only if it has been lodged within one year of the day on which the decision is given.
Any person may, directly by a judicial officer, carry out service of documents originating in a State in which the Regulation applies to persons who are staying in the Netherlands.
If this law enters into force before the date of entry of the Bailier's law occurs, shall be by way of derogation from Article 3, first paragraph , until that time for the Netherlands as a central agency designated the Royal Association of Court Doors.
This Act shall enter into force from the day following the date of issuance of the Official Gazette in which it is placed.
This law is cited as: Implementing Law EC-meaning regulation.
Burdens and orders that it will be placed in the Official Gazette, and that all ministries, authorities, colleges and officials who so concern will keep their hands on the precise execution.
Given in Gravenhage, 13 December 2001
Beatrix
The Minister of Justice,
A. H. Korthals
Published on the 20th of December 2001The Minister of Justice,
A. H. Korthals
