NETHERLANDS Law and Practice Contributed by: Yvette Borrius, Emille Buziau, Marit Balkema and Daphne Beunk, Florent B.V.
Section 431(2) of the DCCP provides that, with- out a law or convention determining otherwise, new proceedings have to be initiated before a Dutch court to obtain a judgment that is eligible for enforcement in the Netherlands. In practice, however, most cases are not reviewed on the merits again. If the foreign decision meets cer- tain recognition conditions developed in Dutch case law, and the decision is still enforceable in the country of origin, the Dutch court will award a claim corresponding with the foreign decision. If there is a law or convention pursuant to which the foreign decision qualifies for enforcement in the Netherlands, permission of the court to enforce the decision in the Netherlands must be obtained. This permission, or warrant to enforce, is known as an “exequatur” (Sections 985–994, DCCP). Upon the exequatur application, the Dutch court verifies whether all formalities – including but not limited to the review criteria of the applicable convention regulations – have been observed. The exequatur proceedings of Sections 985–994 of the DCCP may be over- ruled by special convention or statutory regula- tions. The Netherlands is – amongst others – party (as member of the European Union) to the Conven- tion on the Recognition and Enforcement of For- eign Judgments in Civil or Commercial Matters (The Hague, 2019). Recognition and Enforcement of Judgments from EU Member States (Except Denmark) In civil and commercial matters, the recognition and enforcement of judgments from EU member states (except Denmark) is provided for by the recast of the Brussels I Regulation and some other EU regulations.
The Brussels I Recast provides for enforcement of judgments rendered in another EU member state – which is enforceable in that state – with- out any special procedure being required. The relevant party may apply to the enforcing author- ity in the country of enforcement directly (in the Netherlands this is a bailiff). The party against whom enforcement is request- ed may oppose enforcement in the Netherlands by invoking the grounds for refusal under Sec- tion 45(1) of Brussels I Recast, as well as the grounds that can be advanced under Dutch law for refusal or suspension of the execution (pro- vided that these grounds are not incompatible with the grounds of Brussels I Recast). A deci- sion upon such application is subject to appeal and appeal in cassation. 10. Appeal 10.1 Levels of Appeal or Review to a Litigation It is possible to lodge an appeal against almost all final judgments of a district court at the courts of appeal. Objections against interim judgments that do not contain final decisions must be included in the appeal against the final judgment, unless the court grants permission to lodge an interim appeal. Most decisions of the courts of appeal can be appealed to the Supreme Court. Decisions of the Enterprise Court can only be appealed to the Supreme Court. 10.2 Rules Concerning Appeals of Judgments The court of appeal may reconsider the case in full (eg, on the law and on the facts). The court of appeal is not bound by the facts established by the court of first instance (district court). On the basis of the acknowledged facts and of ascer-
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