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International Enforcement Act's Maintenance Act

Original Language Title: Uitvoeringswet internationale inning levensonderhoud

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Act of 29 September 2011 implementing the Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance (PbEU 2011, L 192/51) and of the Regulation (EC) No 248/93 of 29 September 2011. Council Regulation (EC) No 4/2009 of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations (PbEU L 7/ 1) (International Convention on the Protection of the Member States) (PbEU L 7/ 1) (Implementing Law International collection maintenance)

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:

We have taken the view that legislation is necessary to implement the Hague Convention on the International Recovery of Children and Other Forms of Family Maintenance, adopted on 23 November 2007 (PbEU 2011, L). 192/51), of the Protocol of 23 November 2007 in The Hague on the law applicable to maintenance obligations (PbEU 2009, L 331/17) and of the Regulation (EC) 4/2009 the Council of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations (PbEU L 7/ 1);

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:


§ 1. General provisions

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Article 1

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For the purpose of this Act:

  • a. the Convention: the Treaty establishing the Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance, adopted on 23 November 2007 (PbEU 2011, L 192/51);

  • b. the Regulation: The Regulation (EC) 4/2009 the Council of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions, and cooperation in matters relating to maintenance obligations (PbEU L 7/ 1).


Article 2

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  • 1 As a central authority as referred to in Article 4 of the Convention and Article 49 of the Regulation, the National Agency shall be designated to Collect Maintenance Contributions.

  • 2 The central authority shall be responsible for the tasks set out in Chapter II and III of the Convention as defined in Chapter VII of the Regulation.


Article 3

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  • 1 The central authority shall, at the request of the central authority of a requesting State, be legal in the interests of the person concerned with a request as referred to in Article 10 of the Convention or Article 56 of the Regulation. The central authority of the requesting State has used it. The Central Authority shall also act in and out of court for the benefit of the central authority which has used a request as referred to in Article 7 of the Convention or Article 53 of the Regulation.

  • 2 The central authority shall not be required to assist a lawyer if it has legal action in cases of first instance and in appeal proceedings initiated by a petition.


Article 4

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For the occurrence of the central authority as referred to in Article 3, first paragraph , in cases opened with a petition, no Registry charge is levied.


§ 2. Recognition and implementation on the basis of the Convention

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Article 5

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  • 1 Requests relating to the recognition and enforcement of decisions relating to the maintenance of living under the Convention shall be made by application to the Court of Appeal in the form of an application. As regards leave for enforcement, the Articles 985 to 990 of the Code of Civil Procedure Not applicable.

  • 2 In cases concerning applications referred to in paragraph 1, jurisdiction shall be the jurisdiction of the court within whose jurisdiction the person to whom recognition and enforcement is sought has habitual residence or the person to whom he or she is to be paid. the court's security of supply within whose jurisdiction the enforcement of the proceedings must be carried out.

  • 3 A request referred to in paragraph 1 shall be lodged by the central authority or, in the case of a request to which the central authority does not act as the applicant, by a lawyer or bailier. In the case of the lodging by a lawyer or bailier, the office of the lawyer or bailier shall be the chosen place of residence of the applicant.

  • 4 By way of derogation from the third paragraph, in the case of a request where the central authority does not act as the applicant, the assistance of a lawyer or door operator shall not be required if the amount of the party against whom enforcement is made requested, must comply in principal amount not higher than the amount, mentioned 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. The applicant who submits a request without assistance from a lawyer or bailier must choose his place of residence within the Netherlands.

  • 6 In the absence of sufficient information on the documents submitted to the request, an opportunity to supplement it shall be given.

  • 7 Acceptance of a request referred to in paragraph 1 shall take the form of a simple leave of leave which shall be made on the copy of the decision, which has been submitted by the competent authority, as a copy of the decision.

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

  • 9 The court of supply declares the leave for enforcement to be enforceable in stock.

  • 10 For the purposes of the application of the Law Registry on Civil Matters a request referred to in paragraph 1 shall not be deemed to be a requirement for payment of a particular sum of money.


Article 6

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  • 1 The court of which the court of provision referred to a request as referred to in Article 5, first paragraph It shall have knowledge of the appeal referred to in Article 23 (5) of the Convention against that decision.

  • 2 The permissible legal instrument referred to in Article 23 (1) of the Convention shall be invoked in cassation.

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


§ 3. Recognition and enforcement on the basis of the regulation

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Article 7

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  • 1 A request for review pursuant to Article 19 of the Regulation may be made on the grounds set out in that Article and within the time limits specified in this Article to the court which has given the decision.

  • 2 For the submission of a review request, the assistance of a lawyer is not required.


Article 8

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  • 2 The form referred to in Article 28 (1) (b) of the Regulation shall be translated into the Dutch language.

  • 3 Without prejudice to the provisions of Article 29 of the Regulation, the documents submitted to the application shall not be sufficient to supplement them.


Article 9

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  • 1 The court of which the court of provision referred to a request as referred to in Article 8, first paragraph It shall have knowledge of the legal remedy provided for in Article 32 of the Regulation.

  • 2 The appeal referred to in Article 32 of the Regulation shall, if it is instituted by the applicant and be directed against a refusal to make a request as referred to in Article 32 of the Regulation, Article 8, first paragraph , to be agreed, set within one month of the date of the decision.

  • 4 The appeal referred to in Article 33 of the Regulation is appeal in cassation.


§ 4. Amendments to other laws

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Article 10

No other versions Save Relationships (...) (External Link) Permanent Link [ Red: Change the Nationwide Office Collection Maintenance Contributions Act.]

Article 11

No other versions Save Relationships (...) (External Link) Permanent Link [ Red: Modification of the Caption and Entry Act Book 10 Civil Code.]

§ 5. Final provisions

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Article 12

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This Law shall enter into force on a date to be determined by Royal Decree.


Article 13

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This law is cited as: Implementing law international recovery maintenance.

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.

Entry

' s-Gravenhage, 29 September 2011

Beatrix

The Secretary of State for Security and Justice,

F. Teeven

Published the 25th October 2011

The Minister for Security and Justice,

I. W. Opstelten