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Act of 6 December 2006 for the implementation of Title 7.5 (Peight) of the Civil Code on the composition and operation of the Constitutive Chambers and the Central Ground Chamber (Ground Chamber Implementing Law)
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 considered that it would be desirable, at the same time as the draft law, to adopt and introduce Title 5 of Book 7 of the Civil Code, at the same time as the repeal of the Pachtwet the provisions of the Pachtwet relating to the composition and operation of the main chambers and of the Central Constitute to a law implementing Title 5 of Book 7 of the Civil Code, as well as any legislation to be adapted to the said Title;
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:
There are ground rooms, the jurisdiction of which and the place are designated by Us.
On the ground rooms is the Framework Law on self-employed administrative bodies Subject to application, except for the Articles 12 , 14 , 21 and 22 .
1 The ground chamber shall consist of a chairperson and at least four and a maximum of twelve members. It shall be assisted by a Secretary.
2 A deputy chairman, alternate members and one or more alternate secretaries may be appointed.
The oldest member shall act as acting chairman if he is prevented from attending or absent from the chair or the alternate chairperson.
1 We shall appoint and dismiss the Chairperson, the Deputy Chairman, the Members, the Secretary and the Deputy Members and the Deputy Secretaries.
2 Members and alternate members shall be appointed for the period of five years. They shall be reappointed in the event of their resignation. On their own request, they will be able to be dismissed by us.
3 For the appointment of a member or of an alternate member, the ground chamber shall make a recommendation.
4 In the appointment of the members and alternates, we shall ensure that, in the ground room, neither the tenant's interests nor that of the lessors are in the dominant position.
5 Persons referred to in paragraph 1 shall be sworn in before the start of their operations.
6 In reaching the age of seventy years, the President, the deputy chairman, the members and alternate members shall be dismissed as from the following month.
1 For appointment as Secretary or Deputy Secretary, the person shall be entitled:
a. To whom through a university or the Open University as intended in the Law on higher education and scientific research the degree Bachelor in the field of law and also the degree Master in the field of entitlement has been granted, or
b. Those at a university or the Open University as intended in the Law on higher education and scientific research the doctorate in law or the right to have the title master has obtained.
2 By general measure of directors, degrees, granted by a university, the Open University or a college as referred to in the Law on higher education and scientific research , or to be designated as equivalent certificates, equivalent to the Bachelor's degree in law referred to in that paragraph for the applicability of paragraph 1 (a).
3 In the case of a general measure of management, further rules may also be laid down as regards the professional requirements.
1 Without prejudice to the provisions of elsewhere, the President, the Deputy Chairman, the Members, the Deputy Members, the Secretary and the alternate secretaries shall be dismissed:
a. In the event of proven incapacity due to old age or by persistent physical or mental illness;
b. When they are placed under curate.
2 Without prejudice to the provisions of elsewhere specified, the persons referred to in the preceding paragraph may be dismissed:
a. In case of violation of the Articles 6 and 7 ;
(b) where the debt restructuring scheme has been declared to be of natural use, whether or not it has been declared bankrupt, whether or not they have been subject to payment of payment or are held hostage for their debts.
3 Before dismissal is granted on the basis of the provisions of the preceding paragraphs, the person concerned shall be heard.
4 When one of the circumstances arises as referred to in paragraph 2, our Ministers of Security and Justice and of Economic Affairs shall be empowered to suspend the person concerned in the performance of his duties. The suspension may not exceed a period of three months. At this time, the General Term Act Not applicable.
5 Where the suspension decision is taken during the suspension referred to in paragraph 4, the suspension shall remain in force until the date on which the resignation begins.
1 The President, the deputy chairman, the members, the alternate members, the secretary and the deputy secretaries shall be obliged to keep the secret of what is known to them as such.
2 They may neither directly nor indirectly, in any particular maintenance or conversation, engage in parties or their counsel or any particular assignment, memory or scripture on any matter which is pending or of which they are know, or suspect, that these will be brought to the ground room, to which they belong.
1 It is forbidden by the President and the Secretary to be responsible for the consultation and defence of cases in the Central Ground Room or in the pachtchamber of the Court of Justice of Arnhem-Leeuwarden, in the case of a ground-room or a pachtchamber. are seised, or of which they know or suspect they will be brought.
(2) Mr President, the deputy chairman, the deputy secretary, the members and the alternates shall be prohibited from acting as a member of the council for the consultation and defence of cases, of which they are pending, or of which they are aware or suspect, that the they shall be referred to the ground-room, to which they belong, or to the Central Ground Chamber, in the latter case, as far as matters are concerned, to the proceedings of which they took part in the ground-chamber.
1 The ground chamber shall sit and decide with the President and two members.
2 Decisions of the ground chamber, taken with a number of persons other than those mentioned in the previous paragraph, are void.
1 The President and the Secretary shall enjoy remuneration, which shall be adopted by a general measure of management. They shall also benefit from reimbursement of travel and subsistence expenses according to general rules of management.
2 The alternate chairman, the members, the alternate members and the alternate secretaries shall enjoy a fee for travel and subsistence expenses and further allowances in accordance with general rules of management.
There is a Central Ground Room, based in Arnhem.
Members, expert members and alternate members of the Chamber of Appeal of the Court of Justice of the Court of Arnhem-Leeuwarden are also members of the judicial authority of the Central Board of Appeal of the Central Bank of the European Union. Ground room.
1 We appoint and dismiss the Registrar of the Central Ground Chamber.
2 We may appoint one or more deputy Registrars.
3 The Registrar shall comply with the requirements for requiring judicial officers in order to comply with the obligations laid down in Article 3. Article 5 of the Law on the legal position of judicial officers .
1 The Central Ground Chamber shall sit and decide with three members of the judiciary and two members of other members not belonging to the judiciary.
2 One of the members belonging to the judiciary shall act as chairman.
3 Decisions of the Central Ground Chamber, taken with a number of persons other than those referred to in paragraph 1, are void.
The Articles 6 and 7 shall apply mutatis mutandis to the members, alternate members, the Registrar and the alternate Registrar of the Central Constituting Office.
The Registrar shall be remuneated by a salary, which shall be fixed by a general measure of management. He shall also be entitled to travel and subsistence expenses according to rules to be laid down by a general management measure.
2 The members, alternates and alternate Registrar of the Central Constitute shall enjoy reimbursement of travel and subsistence expenses and further allowances in accordance with general rules of management.
Detailed rules for the implementation of this Chapter and the rules of operation of the main chambers and the Central Ground Room shall be laid down in the general measure of management.
1 The application for the approval of a lease contract and an agreement to amend or terminate a lease contract shall be submitted to the ground chamber of a document signed by the parties or a copy thereof, with as many unsigned copies as there are more than two parties to the agreement.
2 The names, pre-names and places of residence of the parties shall be indicated to the head of the act to the extent that they are not included in the Agreement. The lease must be marked with the cadastral designation.
3 If the lease agreement or the agreement amending a lease agreement is approved on the basis of the agreement or contract Article 324, third paragraph, of Book 7 of the Civil Code The decision of the ground-chamber, approving the draft convention, shall also be indicated.
The application for the approval of a draft lease or contract or of a draft agreement amending a lease agreement shall be submitted to the ground chamber. It must be signed by those who have been named as parties in the draft agreement or their agents. It shall be accompanied by an unsigned copy of the draft agreement, plus as many unsigned copies as there are applicants. The lease must be marked with the cadastral designation.
1 The applications referred to in the Articles 325, third paragraph , 326, 1st Member , 328, third member , 333, second and third members , 345, second member , 348, second member , 354, third member , 379, 1st Member , 380, 2nd Member and 381, second member, of Book 7 of the Civil Code , place by submitting a petition to the ground room with as many copies as there are other parties to the agreement or interested parties.
2 The application shall state the name, surname and place of residence of the applicant, the name and the place of residence of the other party or of the interested parties, if they are present, the grounds on which the request is based, and the decision requested.
1 In the case of the application, Article 381, 2nd paragraph, of Book 7 of the Civil Code , a statement made by the mayor and aldermen, showing that those purposes are not contrary to a person or to a intended destination plan for inspection, shall be provided.
2 If the State, a province, a municipality, a waterscape, a livestock or a cattle polder the Article 381, 2nd paragraph, of Book 7 of the Civil Code The third party shall be empowered to issue the declaration referred to in that paragraph only.
3 The competent college shall decide within three weeks of the submission of the request.
4 The certificates referred to in this Article shall be valid for six months following their day's service, unless the declaration itself states a shorter period of validity.
5 The declaration referred to in the first or second paragraph shall also indicate the date of the entry and the date and manner of publication thereof.
6 The ground chamber shall take no account of one or more of the information referred to in paragraph 5.
1 The applications referred to in the Articles 385 and 399th, 1st member, of Book 7 of the Civil Code , shall be made in the case of a petition submitted to the ground chamber.
2 The application shall state the name, the names and the place of residence of the applicant, further the grounds on which the request is based, and the decision requested.
1 The applications referred to in this Section shall be submitted to the ground room, within the jurisdiction of which the immovable property or the majority of it is situated. In the case of a farm, the request shall be submitted to the ground chamber, within the jurisdiction of which the main building, belonging to the farm, is situated.
If the ground-chamber is of the opinion that a request has been lodged with the Court, it shall refer the request to the ground chamber, which shall, in its opinion, be competent to deal with the request.
1 The ground room may order an inquiry into the request submitted to it. It shall entrust one or more members or one or more of the experts to be referred to it. This designation is in general, or for a particular case.
2 A fee shall be paid to the expert by the President of the Ground Chamber at the foot of the event and under the conditions of Law Registry on Civil Matters Some.
3 Within one month of ordering the examination, the ground chamber shall inform the applicant and the parties to the agreement or draft agreement indicating the place and time at which the investigation is to be carried out. -
1 The applicant and the parties or interested parties concerned by the agreement or draft agreement shall be required to supply the person concerned with the investigation, if requested, with the information required for the execution of his or her contract.
2 The person, to whom the investigation is assigned, shall be entitled to enter the immovable property to which the request relates. If necessary, he shall provide access by using the strong arm.
3 The results of the investigation are laid down in a report, which is signed by the person responsible for the investigation.
1 If the ground room cannot approve a tenancy agreement or an agreement to amend or terminate a lease agreement, it shall inform the parties of its objections and shall indicate whether and in what way they can be accepted. It was
2 Where an examination has been carried out by one of its members or by an expert, the ground chamber shall, at the same time as the communication of its objections, forward to the parties a copy of the report of the investigation.
3 The communication referred to in the preceding paragraph shall state the period within which the parties may submit written observations to the ground chamber and request oral proceedings.
4 If the parties agree to the amendments to be made by the ground chamber as a condition of granting its approval to the agreement, the ground chamber shall lay them in a deed signed by the parties and for this matter. binding.
5 If the parties do not take over the amendments deemed necessary by the Constituor, the ground chamber shall amend the agreement or, if it considers that any amendment referred to in paragraph 1 cannot be remedied, shall destroy the agreement. Her hair.
1 If the ground room cannot approve a draft lease agreement or draft agreement amending a lease agreement, it shall communicate its objections to the persons referred to in the draft contract as parties. and shall indicate whether and in what way they can be removed.
2 The second and third paragraphs of the preceding Article shall apply mutatis mutandis.
3 If the ground room approves the draft agreement, the approval shall not be included in the draft act but has been granted by a separate decision.
4 If the ground chamber cannot approve the draft agreement and it considers that its objections may be removed by amendment of the draft agreement, it shall state those amendments in its decision.
1 If in case of a decision on a request in others than in the Articles 25 and 26 of the cases referred to in the judgment of the ground-chamber other than the applicant, the ground chamber shall, under the simultaneous notification of any objections, inform the applicant and the other interested parties of the period within which time limits may be given. they may submit written observations to the ground chamber and request an oral hearing.
2 Where an examination has been carried out by one of its members or by an expert, the ground chamber shall send a copy of the report of the investigation to the applicant and the other interested parties at the same time as its communication.
1 If in case of a decision on a request in others than in the Articles 25 and 26 In the case of the judgment of the ground room alone, the applicant has an interest and the ground chamber is unable to allocate the request, the ground chamber is competent-and, on a request for that purpose, is required-an oral procedure of the application to be made to the applicant, which shall be determined by it.
2 If an examination has been carried out by one of its members or by an expert, the ground chamber shall send a copy of the report of the investigation to the applicant at the same time as its appeal for the oral procedure.
The Secretary shall make a record of what is before the oral procedure, indicating the commercial content of the statements made. The report shall be drawn up and signed by the President and the Secretary. The parties thereto have received a copy of that request.
1 The parties to the agreement and the applicant may be assisted or represented.
2 The parties to the agreement and the applicant may bring witnesses to the hearing.
1 The parties to the agreement and the applicant may, with the authority of the ground chamber, call on witnesses to appear in the court of bailier.
2 Each of them, who has been summoned to appear as a witness at the door of the bailier, shall be obliged to comply with that convocation.
3 The ground room may order, that witnesses, who, although called upon bailier's expend, have not appeared, are brought to her by public power.
4 The following Article 30 Witnesses to the hearing shall be heard in so far as the ground room considers their hearing to be appropriate.
5 The Articles 164 , 171 to 173 , 177 and 179 of the Code of Civil Procedure shall be subject to corresponding application for witnesses.
6 The examination of witnesses shall be made in minutes. Article 180 of the Code of Civil Procedure shall be applicable mutatis mutandis, subject to the minutes being co-signed by the Chairman and the Secretary.
7 Witnesses received on request from the person who has brought them forward, compensation, to be paid by the President in accordance with the situation and under the conditions of Law Registry on Civil Matters Some.
When examining a request for the approval of a draft lease agreement or a draft agreement to amend a lease agreement, the Articles 29 , 30 and 31 corresponding application.
If the ground room approves the lease or lease agreement change or termination of the lease agreement, the secretary shall forward to each party a copy or a copy of the agreement, upon which the decision, which shall be The ground room has been taken, has been registered.
1 The decisions of the ground-chamber shall state the reasons on which they are based, with the exception of those decisions taken in accordance with Article 33 have been taken.
2 An expedition of the decision shall be forwarded to the parties or interested parties concerned by the agreement or draft agreement and to the applicant. The day of dispatch is recorded on the expedition.
The chairman and members of the ground chambers and their alternates may be affected by the manner and in the cases, as defined in the Fourth Section of the First Title of the First Book of the Code of Civil Procedure On the understanding that the investigation of the grounds of objection and the decision on the wrecking shall be carried out by the ground chamber.
1 Against the decisions of the ground-chamber, subject to the provisions of paragraph 3, the parties, interested parties and the applicant shall, within one month of the decision having been sent to them, open an appeal to the Central Ground Chamber.
2 The other party may, on an occasional basis, even after the period referred to in the preceding paragraph and after resignation in the order of the decision, make an occasional appeal. The occasional appeal shall be brought, under penalty of inadmissibility, from the written reply. The distance from the principal appeal shall not expire on the occasional use of the appeal.
3 No appeal may be lodged either by the tenant or by the lessor, if the lease or lease agreement is approved as amended, or the draft of one of these agreements is unchanged. No appeal may be imposed by the tenant, if the change is made by the ground chamber Article 320 of Book 7 of the Civil Code relating to a reduction in the agreed rent price. No appeal may be lodged by the lessor, where the amendment refers to a reduction in the agreed rent by less than 10%.
1 The appeal shall be lodged by lodging an appeal to the Central Ground Chamber. The appeal shall be accompanied by an expedition of actions.
2 The notice of appeal shall contain an indication of the name, surname and place of residence of the applicant, of the name and place of residence of the other party, or of the person concerned, if there is, furthermore, objections to the decision, against which an appeal is lodged, and the requested person's domicile, and the requested appeal. Decision.
3 As many copies are attached to the appeal if there are counterparties or stakeholders.
4 If the appeal relates to an agreement submitted for approval, as referred to in Article 318 of Book 7 of the Civil Code whether a draft lease contract or a draft agreement amending a lease contract, shall be submitted to the office of appeal with the documents submitted to the ground chamber.
5 The Registrar shall transmit a copy of the notice to each of the parties or interested parties, if any, without delay and shall attach a notification indicating the time within which a written reply may be sent.
6 The appeal shall be treated orally at the hearing if the Central Ground Chamber considers it necessary, or one of the parties or interested parties so requests. Moreover, the provisions of Section 2 and from Section 3 corresponding application.
1 The Central Ground Chamber shall confirm or destroy the decision against which appeal is appealed.
2 In case of destruction of the order, the Central Ground Chamber should do what the ground chamber should have done, unless it was given reason to return the case to the ground chamber.
1 The secretary of the ground-chamber shall, upon request, send the documents of the first instance or copies thereof to the Registrar of the Central Ground Chamber.
2 The Registrar of the Central Constitute shall send a copy of the decisions of the Central Constitute to the ground Chamber against whose decision the Court of Appeal is instituted.
1 Our Minister for Economic Affairs may appeal against a decision of the ground chamber.
2 The appeal may be instituted only after the period of time, mentioned in Article 36, first paragraph .
3 Destruction of the decision of the ground-chamber on that occupation does not add any disadvantage to the rights conferred by the Decision.
Competence-disputes between ground chambers shall be decided by the Central Ground Chamber.
A general measure of management shall be governed by the rules governing the manner in which notifications and transmission of documents are made by the Secretary of the Ground Chamber and by the Registrar of the Central Constituting Office.
1 In the case of a general measure of management, a tariff shall be fixed for the costs to be charged to its operations by the main offices and the Central Constitute.
2 With regard to the recovery of those costs, Article 30 of the Registry on Civil Matters shall apply mutatis mutandis, subject to the condition that the compulsory order is issued by the chairman of the ground-chamber, or of the Central Ground Chamber, and that it shall be enforceable immediately.
If, within the period prescribed by the law, a request has been made or a claim is brought before the court of Appeal of the court and that it decides that it does not have jurisdiction to hear it, the application may, if the ground chamber is competent to take note of that and no longer be able to comply with a legal period within which the request to the ground chamber is to be made, but shall nevertheless be submitted to the ground chamber within one month of the decision of the pachtchamber. The same shall apply if such a decision is confirmed by the pachtchamber of the Court of Justice of Arnhem-Leeuwarden or by the court in which it has not yet been given jurisdiction in the courts of the court of justice of the application or of the application. ed.
The provisions of this Act are General administrative law Not applicable.
The Pachtwet shall be withdrawn.
The Act of 28 July 1924 laying down rules on the carrying of costs of public leases and the provision of premiums in respect of public contracts and leases , is withdrawn.
The Law of 12 October 1995 amending the Pachtwet (Stb. 1995, 204) is hereby repealed.
This Law shall enter into force on a date to be determined by Royal Decree.
This law is cited as: Implementing law ground chambers.
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 at The Hague, 6 December 2006
Beatrix
The Minister of Agriculture, Nature and Food Quality
,C. P. Veerman
The Minister of Justice
,E. M. H. Hirsch Ballin
Published the 24th of May 2007The Minister of Justice
E. M. H. Hirsch Ballin
