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Act of the EU Enforcement Act and Lugano Convention

Original Language Title: Uitvoeringswet EU-executieverordening en Verdrag van Lugano

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Act of 2 July 2003 implementing Regulation (EC) No 44/2001 of the Council of the European Union of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (PbEG L 12) (Implementing Law EC-Enforcement 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 that legislation is needed to implement the Regulation (EC) No 44/2001 of the Council of the European Union of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (PbEG L 12);

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:


Section 1. Conceptual determination

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Article 1

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  • (1) This Act means the Convention on jurisdiction, recognition and enforcement of judgments in civil and commercial matters, concluded in Lugano on 30 October 2007, with protocols, Declarations and Annexes (Pb EU L 339).

  • 2 For the purposes of this Act, the term "the Regulation" shall mean the Regulation (EU). 1215/2012 of the European Parliament and of the Council of 12 December 2012 on Jurisdiction, Recognition and Enforcement of Judgments in Civil and Commercial Matters (Pb EU L 351).


Section 2. Implementation of Lugano Convention

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Article 2

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  • 2 The application for enforcement, as provided for in Article 38 of the Convention, shall be requested by application lodged in the Netherlands language, without prejudice to the application of the Article 15 of the Law uses Frisian language . It is submitted by a bailier or lawyer and also holds the choice of a place of residence within the district court.

  • 3 Without prejudice to the provisions of Article 55 (1) of the Convention, the applicant shall be given an opportunity to supplement the documents submitted to the application in the event of the imsatisfaction of the documents submitted to the application.

  • 4 By way of derogation from the second sentence of the second sentence, the assistance of a bailier or 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 principal amount of the aid amount, named in Article 93 (a) of the Code of Civil Procedure . If the former amount is expressed in a currency other than the euro, it shall be converted at the rate of the day of submission of the request for leave to execute.


Article 3

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  • 1 Acceptance of the request referred to in Article 39 (1) of the Convention by the provision of supply shall take the form of a simple leave of leave which shall be the subject of a decision to be taken on the forwarding of the decision to be executed.

  • 2 The court of supply shall condemn the debtor in the costs incurred on the issue of leave.


Article 4

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  • 1 The court or tribunal of which the court of provision has at its disposal the application for leave shall be aware of the legal remedy provided for in Article 43 (1) of the Convention. Article 93 of the Code of Civil Procedure does not apply.

  • 2 The appeal, referred to in Article 43 (1) of the Convention, must, if it is brought by the applicant, be instituted within one month of the day of the day's notice of the order, where the leave is refused.


Article 5

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For the purposes of the application of the Law Registry on Civil Matters the claim established by means of a remedy shall not be deemed to be a claim for payment of a particular sum of money.


Article 6

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The competent authority, referred to in Article 57 (4) of the Convention, shall be the notary which has taken over the authentic instrument or the notary which has taken over its protocol.


Section 3. Implementation of the EU enforcement regulation

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Article 7

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  • 1 For the application of the Second Book of the Code of Civil Procedure the copy of the judicial decision referred to in Article 42, first paragraph, point (a) of the Regulation and of the certificate, as referred to in Article 42, first paragraph, point (b), shall be the subject of a judicial decision issued by another Member State of the EU. of the Regulation, together as an executive order within the meaning of Article 430 of the Code of Civil Procedure qualified.

  • 2 Without prejudice to Article 60 of the Regulation, the first paragraph shall apply mutatis mutandis to authentic acts and court settlements from another EU Member State.


Article 8

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  • 1 In respect of a judicial decision of any other Member State of the EU holding a provisional or a measure of measure, the copy of the judicial decision referred to in Article 42, second paragraph (a) of the Regulation, and the certificate referred to in point (b) of Article 42 (2) of the Regulation, together as a leave of order of Article 700 of the Code of Civil Procedure qualified.

  • 2 With regard to a judicial decision of another EU Member State imposing a provisional measure or a measure imposed without the other party having been summoned, as provided for in Article 42 (2) (c) of the Regulation, shall be the copy of the judicial decision referred to in Article 42 (2) (a) of the Regulation, the certificate referred to in Article 42 (2) (b) of the Regulation, and proof of service of the judicial authority decision, as referred to in point (c) of Article 42, second paragraph, of the Regulation, together as a leave of absence within the meaning of Article 700 of the Code of Civil Procedure qualified.


Article 9

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  • 1 If the party against whom enforcement is to address domicile in the Netherlands, then the Article 7 shall not be enforceable against that Party after a month following service of the certificate referred to in Article 43 of the Regulation.

  • 2 If the party against whom enforcement is not domicile is not domicile in the Netherlands, then the Article 7 shall not be enforceable against that Party within two months of the date of service of the certificate referred to in Article 43 of the Regulation.

  • (3) The court may, if there are grounds for it, shorten the period specified in paragraphs 1 and 2 at the request of the party implementing the instrument permitting enforcement. The court's security shall also be entitled to shorethe deadline specified in paragraphs 1 and 2 at the hearing of the bailier's court. The party against whom enforcement is directed shall not be heard. No appeal shall be opened against the order of the provision of supply. The exploit of the bailier lists the leave granted by the provision court for shortening the period of time. Article 66 of the Code of Civil Procedure shall apply mutatis mutandis.

  • 4 The third paragraph shall not apply if the party against whom enforcement is directed is an policyholder, insured or beneficiary as referred to in the third section of the second chapter of the Regulation, a consumer as referred to in the fourth section of the second chapter of the Regulation or an employee referred to in the fifth section of the second chapter of the Regulation.


Article 10

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  • 1 The court having jurisdiction to hear an action seeking to refuse the enforcement of a judgment, as provided for in Article 47 (1) of the Regulation, shall be the court competent under the jurisdiction of the Court of First Instance of the European Union. Article 438 of the Code of Civil Procedure .

  • 2 The court having jurisdiction to hear the appeal referred to in Article 49 of the Regulation shall be the Court of Justice.

  • 3 The court having jurisdiction to hear the appeal referred to in Article 50 of the Regulation shall be the High Court.


Article 11

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For the purposes of the application of the Law Registry on Civil Matters The claim shall be Article 9, first paragraph , considered not to be a requirement for payment of a particular sum of money. The provisions of the first sentence shall apply mutatis mutandis to the legal remedies referred to in Article 9 (2) and (3).


Article 12

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The authority empowered to amend a measure or order, as referred to in Article 54 of the Regulation, shall be the court competent on the basis of Article 438 of the Code of Civil Procedure .


Article 13

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The authority competent to issue a certificate, as referred to in Article 60 of the Regulation, shall be the notary which has taken over the authentic instrument or the notary which has taken over its protocol.


Section 4. Final provisions

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Article 14

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Section 2 of this Act shall apply to judgments, authentic instruments and court settlements as provided for in Article 66 (2) of the Regulation, except that "the Convention" shall read the provisions of Article 66 (2) of the Regulation. (EC) No Council Regulation (EEC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (Pb EC L 12), as last amended 22 February 2012 (Pb EU L 50).


Article 15

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This Act shall apply mutatis mutandis to the judgments of the Court referred to in Article 25 (1) of the Regulation (EC). (EC) No 1346/2000 of the Council of the European Union of 29 May 2000 on insolvency proceedings (Pb EC L 160).


Article 16

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This law is cited as: EU executive order and Lugano convention.

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.

Issued at The Hague, 2 July 2003

Beatrix

The Minister of Justice,

J. P. H. Donner

Issued the fifteenth of July 2003

The Minister of Justice,

J. P. H. Donner