Robert Hendrikse

Under Dutch law, enforcement of foreign judgements is only possible where a convention between the Netherlands and the foreign country provides for it or if the judgement was rendered by a court in a Member State of the EU. There are many countries which have no convention with the Netherlands on the enforcement and recognition of judgements, e.g. Japan, United States and Russia. 

Under Dutch  law, enforcement of foreign judgements is only possible where a convention between the Netherlands and the foreign country provides for it or if the judgement was rendered by a court in a Member State of the EU.  Otherwise, the claimant must relitigate his case in the Netherlands in order to obtain a binding and enforceable judgement. The present article creates an overview of the legal procedure of the recognition and enforcement of a judgement rendered in an EU Member State.

On Friday 9 September 2016, the Civil Procedure Law Chronicle was published in the Lawyers Journal (Advocatenblad).

The so-called KEI legislative proposals for the simplification and digitisation of civil procedural law were adopted by the Senate today (12 July 2016).

The Bill paving the way for legal proceedings in matters brought before the District Courts to be conducted online was passed unanimously by the Lower House of Parliament on 26 May 2015. Phased introduction is envisaged from 1 January 2016.

The 'readjusted' Regulation on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (EEX-Vo) came into force on 10 January 2015 (OJ EU 2012, L. 351).

In keeping with tradition, the Van Doorne Litigation & Insurance team held another seminar this year in which participants discussed current issues in Litigation & Insurance Law.

Ivo Opstelten, Minister of Security and Justice, has far-reaching plans for the digitisation and simplification of civil proceedings. These plans form part of the Quality and Innovation of the Judicial System Programme. Following internet consultation, the Bill for the procedure in matters brought before the District Courts (civil chamber and subdistrict court) was published on 20 October 2014. This Bill has meanwhile been submitted to the Lower House of the Dutch Parliament.