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Act of 28 September 2005 implementing Regulation (EC) No 148/03 Decision No 805/2004 of the European Parliament and of the Council of 21 April 2004 establishing a European Enforcement Order for uncontested claims (Pb EU L 143) (Implementing Law Regulation European Enforcement Order)
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 account that it is desirable to provide legal provisions for the implementation of the Regulation (EC) 805/2004 from the European Parliament and the Council of 21 April 2004 establishing a European Enforcement Order for uncontested claims (Pb EU L 143);
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 Law, the term 'Regulation' shall mean: Regulation (EC) 805/2004 of the European Parliament and of the Council of 21 April 2004 establishing a European Executive Order for uncontested claims (Pb EU L 143).
1 A request for authentication of a judgment given by a Dutch court or one or more of its parts as a European Enforcement Order, as referred to in Article 6 (1) of the Regulation, shall be made by application to the Court of Justice of the European Communities. Jurisdiction of that court. In the case of a decision of a cantonal court, the request shall be made to the court of cantonal court. In the case of a court decision, the request is made to the Court of Justice. The court shall decide without delay on the request. The debtor is not summoned.
2 In the application referred to in paragraph 1, an authentic copy of the decision of which the authentication is sought shall be produced and the procedural document which led to the decision shall be produced. The application shall also include, to the extent possible, the information required by the court to enable the judgment in accordance with Annex I to the Regulation to be regarded as a European Enforcement Order. In the event of the imsatisfaction of the documents or information submitted to the application, the applicant shall be given an opportunity to supplement it.
3 The application, referred to in paragraph 1, shall be filed by a bailier or a lawyer. For the validation of a decision of the cantonal court, the assistance of a bailier or lawyer shall not be required.
4 A request for the validation of a decision as a European Enforcement Order may also be made in the proceedings which must lead to that decision. The request shall be made in the process initiating proceedings, or in the course of the proceedings. Such a request shall not be regarded as a change or a multiplication of demand.
Article 2 shall apply mutatis mutandis to a request for the issue of proof that a decision is not enforceable or is enforceable as referred to in Article 6, second paragraph, of the Regulation or a request for the issue of a replacement as intended Article 6, third paragraph, of the Regulation.
1 A request for rectification of a certificate of authentication as a European Enforcement Order referred to in Article 10 (1) (a) of the Regulation shall be made by lodging the form referred to in Article 10 (3) of the Regulation. Regulation of the court which issued proof of authentication as a European Enforcement Order. Article 2, second and third paragraphs , shall apply mutatis mutandis.
(2) The application, referred to in paragraph 1, from the creditor at whose request the authentication has been made, shall be made by adding, if possible, the original certificate of authentication as the European Enforcement Order. title of which rectification is requested. The debtor is not summoned. The rectification shall be delivered on a day to be determined by the court, indicating the day in the decision and issuing an amended certificate of authentication as a European Enforcement Order. The proof of authentication issued earlier as a European Enforcement Order loses its strength. Where the application is refused, return of the proof of authentication attached to the request shall be made.
(3) The application, referred to in paragraph 1, from the debtor, shall not be rectified by the court in respect of which it has been given an opportunity to withdraw it after the creditor and debtor have given the opportunity. Rectification shall be pronounced on a day to be determined by the court, indicating that day and the fulfilment of the previous sentence of the decision and on the issue of an amended certificate of authentication as a European Enforcement Order. title. The proof of authentication issued earlier as a European Enforcement Order loses its strength. The Judge shall order the creditor to give the proof of authentication as referred to in the preceding sentence to the Registrar.
1 A request for revocation of a certificate of authentication as a European Enforcement Order as referred to in Article 10 (1) (b) of the Regulation shall be made by lodging the form referred to in Article 10, third paragraph, of the Regulation. Submission shall be submitted to the court which has granted the proof of authentication as a European Enforcement Order. Article 2, second and third paragraphs , shall apply mutatis mutandis.
2 Withdrawal shall be made after the parties have been given the opportunity to withdraw the withdrawal, by a decision of the judge to that effect on a day to be determined by him. The Judge may order the creditor to issue the certificate of authentication as referred to in paragraph 1 to the Registrar.
A request for authentication of a court settlement as a European Enforcement Order, as referred to in Article 24 of the Regulation, shall be made to the court of jurisdiction in respect of which the court settlement is settled. In the case of a settlement agreement struck before a cantonal judge, the request shall be made to the court judge. In the case of a settlement made before a court, the request shall be made to that court. The Articles 2 to 5 shall be applicable mutatis mutandis.
The authority designated for the validation of an authentic instrument as a European Enforcement Order as referred to in Article 25 of the Regulation shall be the jurisdiction of the courts of the place of establishment of the notary which is the authentic instrument of the court of law. Deed has history. The Articles 2 to 5 shall be applicable mutatis mutandis.
1 With regard to decisions on uncontested claims within the meaning of the Regulation, the debtor may request a review before the court which gave the decision on the grounds referred to in Article 19 (1) (a) (b) (b) (b) (b) (b) (b) (b) (b) (b) (b and b, of the Regulation.
If the decision is a judgment or judgment, the request for review shall be made at the time of the decision in the case of the transfer of a judgment in the case of a judgment. Article 146 Code of Civil Procedure .
If the decision is a decision, a review shall be made in the case of a petition.
4 The appeal must be lodged:
a. in the case referred to in Article 19 (1) (a) of the Regulation, within four weeks after the decision has been made known to the debtor;
(b) in the case referred to in Article 19 (1) (b) of the Regulation, within a period of four weeks after the grounds on which it has been raised.
The copy of the decision, settlement or authentic instrument referred to in Article 20, second paragraph, point (a) of the Regulation and the copy of the European Enforcement Order certificate as referred to in Article 20, second paragraph, in the Regulation, the following is to be regarded as grosse for the purposes of the application of the Regulation. Second Book of the Code of Civil Procedure to a judgment certified as a European Enforcement Order by a foreign court or a foreign competent authority pursuant to the Regulation.
1 A judgment, court settlement or an authentic instrument, certified by a competent authority of another Member State as a European Enforcement Order, shall be valid for the purposes of Article 20 (2) (a) of the Regulation. set or translated into the Dutch language or in a language that the debtor understands.
2 A certificate of authentication as a European Enforcement Order within the meaning of Article 20 (b) (b) of the Regulation may be completed in the English language.
1 On applications for implementation, as provided for in Articles 21 and 23 of the Regulation, Article 438 of the Code of Civil Procedure applicable.
2 Upon rectification of the certificate of authentication as referred to in Article 10 of the Regulation or the issue of a replacement certificate of authentication as referred to in Article 6 (3) of the Regulation, an execution already in detention in the Netherlands of a judgment, court settlement or authentic instrument certified by a competent authority of another Member State as a European Enforcement Order shall be continued only with due regard to the rectification or the declaration of the judgment in the replacement proof of authentication included changes in relation to the previously provided Proof of authentication.
3 The jurisdiction of execution in the Netherlands of a judgment, court settlement or authentic instrument certified by an authority of another Member State to that effect shall be terminated by revocation of a judgment, court settlement or authentic instrument. of proof of authentication as a European Enforcement Order. If the execution of a judgment, court settlement or authentic instrument certified as a European Enforcement Order in the Netherlands had already been executed, it shall be terminated immediately.
This Law shall enter into force on a date to be determined by Royal Decree.
This law is cited as: Implementation Act Regulation European Enforcement Title.
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, 28 September 2005
Beatrix
The Minister of Justice,
J. P. H. Donner
Issued the thirteenth October 2005The Minister of Justice,
J. P. H. Donner
