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Act of 29 May 2009 implementing Regulation (EC) No 1896/2006 of the European Parliament and of the Council of 12 December 2006 establishing a European order for payment procedure (Pb EU L 399) (Implementing Law European Regulation) order of payment procedure)
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: Regulation (EC) 1896/2006 of the European Parliament and of the Council of 12 December 2006 establishing a European order for payment procedure (Pb EU L 399) should be implemented;
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 purposes of this Act, the following definitions shall apply: 1896/2006 of the European Parliament and of the Council of 12 December 2006 establishing a European order for payment procedure (Pb EU L 399).
1 A request for a European order for payment as referred to in Article 7 of the Regulation shall be made to The Hague Court.
If a request, as referred to in paragraph 1, is lodged in a court other than the Court of The Hague, the judge shall declare of its own motion that it has no jurisdiction and shall refer the case to the position in which it is situated to the Court of The Hague. The Registrar shall send a copy of the order and the documents relating to the proceedings to the Registrar of The Hague Court.
1 The documents to supplement and correct the request referred to in Article 9 of the Regulation, amending the request referred to in Article 10 of the Regulation and rejecting the application as referred to in Article 11 of the Regulation. Regulation as well as the enforceable European payment order referred to in Article 18 (3) of the Regulation shall be sent to the claimant by ordinary mail.
2 A communication referred to in Article 17, third paragraph, of the Regulation shall be forwarded to the parties by ordinary mail.
If, pursuant to Article 10 (2) of the Regulation, a European order for payment is issued for the proposal for a European order for payment accepted by the claimant for a part of his request, the European order for payment shall be based on the application of a European order for payment of a European order for payment of any remaining part.
Service to the defendant as referred to in Article 12 (5) of the Regulation of the European Payment Order and the request on which the European order for payment is based may be made in one of the following ways:
a. by sending by registered mail with a message of receipt;
b. by exploot.
Where the defendant does not reside in the Netherlands, or is known to reside in the Netherlands, or is a known place of residence or known actual residence in another Member State, service shall be provided in accordance with the conditions laid down in that Article. Article 277 of the Code of Civil Procedure .
1 If proceedings continue after the submission of a statement of defence as referred to in Article 17 of the Regulation, the Court of Justice shall submit a proposal for the appointment of a Judge to proceed to the proceedings and shall decide on the matter and shall determine the Court of The Hague In so doing, the period within which the claimant may contest the proposal by appointment of another Judge. On the expiry of that period, a copy of the decision appointing a person shall be sent by ordinary mail to the plaintiff and the defendant. If a judge of a court other than the Court of Justice is appointed to deal with the case further, the Registrar shall send a copy of the decision appointing him and the documents relating to the proceedings to the Registrar of the Court of Justice of the European Union. the court which has been appointed. If the defendant disputes the decision appointing him, that challenge shall be dealt with by the court or tribunal appointed for the purpose of further consideration of the case. The judge appointed shall not be bound by the appointment.
2 The Court of Justice of the European Court of the Hague, in its decision-making decision, recommends that the procedure be dealt with in accordance with the rules applicable to the proceedings for the application of the application for the application of the application. The proceedings shall be pending from the day on which the request for a European order for payment was lodged.
3 Recommends the court of the Hague that the procedure be treated further by the rules applicable to the proceedings, he shall also determine in the decision appointing a date on which the case may be brought to the court of the case to be treated for the purpose of setting up lots, without requiring a summons or summons to be made by an exploot. If the defendant does not appear on the given date of roll, he shall be summoned by the claimant to be an exploot. If the claimant does not appear on the given date of rolling, the court shall give him the opportunity to appear within a period of two weeks. If the plaintiff does not avail himself of the opportunity offered, he shall be deemed to have withdrawn the case and shall be ordered to pay the costs.
4 The Judge who further addresses the case shall give parties the opportunity to adjust their theses to the procedural rules applicable to them.
5 No appeal shall be open to a decision pursuant to the first to the third paragraph.
6 Whether or not the defendant appears in the continuing proceedings and whether he has satisfied the Registry in due time, a judgment in the continuing proceedings is applicable as a verdict of adversary and should appeal against a final decision on the continued procedure by the defendant shall be established within three months of the day of the judgment. In its decision to designate the Hague, the Court of Justice takes the notice of the Article 111, second paragraph, part k, of the Code of Civil Procedure on and points to the defendant on the legal effects referred to in the previous sentence. The defendant, who does not appear in the continuing proceedings, shall be sent the judgment by ordinary mail.
In the case of the declaration of a European order for payment as referred to in Article 18 of the Regulation, the declaration of enforceability and the attached payment order shall together constitute an enforceable title within the meaning of Article 18 of the Regulation. Article 430 of the Code of Civil Procedure . Article 430, second paragraph, of the Code of Civil Procedure shall apply.
1 The copy of a European order for order declared enforceable by a foreign court of origin referred to in Article 21, second paragraph, point (a) of the Regulation and consisting of the declaration of enforceability as referred to in Article 18, first member, of the Regulation and the attached payment order, may be implemented in the same way as a grosse.
2 A European order for payment declared enforceable by a court of origin of another Member State shall be lodged for the purposes of applying Article 21 (2) (b) of the Regulation or translated into the Dutch language.
1 As regards an enforceable European order of payment under the regulation, the defendant may appeal to the court which issued the enforceable European payment order on the grounds named in the court. Article 20, first and second paragraph, of the Regulation.
2 The request must be made:
a. in the case referred to in Article 20 (1) (a) of the Regulation, within four weeks of the date of the application of the enforceable payment order to the defendant;
(b) in the case referred to in Article 20 (1) (b) of the Regulation, within a period of four weeks after the grounds on which it has been raised;
(c) in the case referred to in Article 20 (2) of the Regulation, within four weeks of the date on which the defendant has been known to be known for reconsideration.
3 For the submission of a review request, the assistance of a lawyer is not required.
Applications for enforcement as referred to in Articles 22 and 23 of the Regulation shall be Article 438 of the Code of Civil Procedure applicable.
1 The amount, referred to in Article 25, second paragraph, of the Regulation, which is charged for a request for a European order of payment, shall be determined in accordance with the Law Registry on Civil Matters . The amount referred to in point (b) of Article 7 (b) of the Regulation shall not exceed the amount specified in Article 7 (2) of the Regulation. Article 93 (a) of the Code of Civil Procedure in the case of a case referred to in point (c) of that Article, the Registry rights for cantonal matters referred to in the Annex to the Law Registry on Civil Matters shall be levied.
2 The defendant shall not be subject to a Registry charge for the submission of a statement of defence as referred to in Article 16 of the Regulation.
3 The procedure shall continue after the submission of a statement of defence, then the defendant shall be lodged in accordance with the rules of the Law Registry on Civil Matters The Registry charge if it also appears in the continuing procedure.
In addition to the provisions of the Regulation or from this Act, the rules governing the application of the application procedure shall apply to a request for a European order for payment and to the procedure provided for in this Regulation. Article 6, first to third paragraphs .
Within 5 years of the entry into force of this law, our Minister of Justice shall send to the States-General a report on the effectiveness and effects of this law in practice.
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: Implementation Act Regulation European order for payment procedure.
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 May 2009
Beatrix
The Minister of Justice,
E. M. H. Hirsch Ballin
Published the ninth of June 2009The Minister of Justice,
E. M. H. Hirsch Ballin
