Key Benefits:
Act of 29 May 2009 implementing Regulation (EC) No 148/2009 Regulation (EEC) No 861/2007 of the European Parliament and of the Council of the European Union of 11 July 2007 establishing a European Small Claims Procedure (Pb EU L 199) (Implementing Law Regulation European Small Claims 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 the view that legal provisions should be adopted to implement Regulation (EC) No 148/ (2) (EC) No 208/ (2). Regulation (EC) No 861/2007 of the European Parliament and of the Council of the European Union of 11 July 2007 establishing a European Small Claims Procedure (Pb EU L 199);
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 purpose of this Act:
a. Regulation: Regulation (EC) 861/2007 of the European Parliament and of the Council of the European Union of 11 July 2007 establishing a European Small Claims Procedure (Pb EU L 199);
b. European small claim: for cross-border civil cases and commercial matters with a value of up to € 2 000 as referred to in Article 2 (1) of the Regulation.
1 cases concerning European small claims are dealt with and decided by the court of cantonal courts.
2 An appeal is not open to a decision of the court judge in the European Small Claims Procedure.
3 Article 80 of the Law of the Judiciary shall apply mutatis mutandis.
In proceedings concerning a European small claim, the Law Registry on Civil Matters applicable mutatis mutandis.
(1) If the cantonal judge has informed the plaintiff that his action falls outside the scope of application referred to in Article 2 of the Regulation, the claimant may withdraw his claim. The plaintiff shall make a written notice to the court of cantonal court within 30 days of receipt of the notice of the cantonal court. The Registry shall not be refundable in the event of revocation.
(2) If a counterclaim as referred to in Article 5 (6) of the Regulation falls outside the scope of application of Article 2 of the Regulation, the first paragraph shall apply mutatis mutandis.
3 If the plaintiff or defendant does not withdraw his claim, respectively, after the notice of the cantonal court, Article 69 of the Code of Civil Procedure applicable mutatis mutandis.
In sentencing the unsuccessful party in the process costs are the case. Articles 238 , 241 , 242 and 244 of the Code of Civil Procedure applicable mutatis mutandis.
1 The defendant may ask the cantonjudge who has given a decision on a European minor claim for a review of that decision on the grounds, mentioned in Article 18 (1) of the Regulation.
2 The request shall be made:
a. in the case referred to in Article 18 (1) (a) of the Regulation, within four weeks after the judgment has been made known to the defendant;
(b) in the case referred to in Article 18 (1) (b) of the Regulation, within four weeks of the period of the grounds on which it has been raised.
1 The copy of the judgment given by a court of another Member State on a European minor claim and the copy of the certificate provided for in Article 20 (2) of the Regulation may be put into effect together with the the same way as a grosse.
A copy of a certificate referred to in Article 20 (2) of the Regulation shall be issued for the purpose of applying Article 21 (2) (b) of the Regulation to a copy of a certificate issued by a court of another Member State. Dutch language.
Applications for enforcement referred to in Articles 22 and 23 of the Regulation shall be Article 438 of the Code of Civil Procedure applicable.
In addition to that resulting from the Regulation or from this Act, a European small claim submitted in the Netherlands shall be subject to the rules governing the application procedure mutatis mutandis.
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 Small Claims 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
