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 Trade matters (PbEG L 160/37) (EC Treaty implementing law)
We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.
Allen, who will see or hear these reading, saluut! to know:
As We have considered, it is necessary to make provision for the implementation of the Regulation (EC) No. (EC) No 1348/2000 of the Council of the European Union of 29 May 2000 on the notification in the Member States of judicial and extrajudicial documents in civil or commercial matters (PbEG L 160/37); We, the Council of State, and with common accord of the States-General, have been well-liked and understood to be right and to be understood by this:
This law means:
a. Regulation: Regulation (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. sending bodies: sending bodies as referred to in Article 2, first paragraph, of the Regulation;
c. receiving agencies: receiving agencies as referred to in Article 2, second paragraph, of the regulation.
1 As sending bodies are being sent for the Netherlands designated the bailiffs.
2 As receiving authorities, the bailiffs and the Royal Professional Organization of the Bailiffs.
3 As regards the notice of judicial documents by a court or the Registrar of a court, the issuing authority designated as dishes.
1 As a central instance referred to in Article 3 of the Regulation is designated for the Netherlands by the Royal Professional Organisation of Courts.
2 Our Minister of Justice may further apply rules on how the central authority implements its tasks referred to 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 completed in English or German languages.
2 A certificate sent to a sending authority in the Netherlands as referred to in Article 10 of the Regulation may be used in the English or German languages filled.
An application to a receiving authority in the Netherlands for service is carried out by means of a expediter, unless the request results that it must be executed in other ways.
1 The allowance for assistance by a bailier on the service of judicial or extrajudicial documents from another Member State as referred to in Article 11 of the Treaty. the regulation amounts to € 65.
2 Our Minister of Justice may benefit from the amount referred to in paragraph 1 once every five years from the date of Applicable to the Regulation, change, if any.
1 By way of derogation from Article 19, first paragraph, of the Regulation, the court may decide, even if no certificate of service is received, if it is received on any of the following Conditions are met:
a. The document has been sent to one of the methods provided for in the Regulation;
b. a period of time has elapsed since the date of transmission of the document, which shall be fixed by the court for each individual case, but which shall be at least six months;
c. in spite of all the reasonable efforts made to that end by the competent authorities or bodies of the requested State, could not obtain evidence.
2 Is in a case where no certificate referred to in paragraph 1 has been received, failure to comply with the conditions laid down in that paragraph, the judge may, whether or not in the course of a period to be determined by it, may, if so 8, refuse to grant absentia against the defendant.
3 A request for a new term as referred to in Article 19, Fourth paragraph, of the Regulation is admissible only if it has been submitted within one year from the day on which the decision is given.
An each may be the service of the member Documents coming from a State where the Regulation applies directly by a court-bailier to persons staying in the Netherlands.
If this law comes into effect before the time of Court-door authentication laws becomes effective, by derogation from Article 3, first paragraph, until that time for the Netherlands as the central authority. Association of Court bailiffs.
This law will enter into force from the day following the date of issuance of the Official Gazette in which it is placed.
This law is quoted as: EC meaning regulation.
Order and order 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 The Hague, 13 December 2001
The Minister of Justice,
A. H. KorthalsIsthed the 20th of December 2001
The Minister of Justice,
A. H. Korthals