The Netherlands - Attachment of Assets
Originally from Attachment of Assets
Brief Introduction to Civil Procedure in the Netherlands
Dutch law on civil procedure is mainly regulated in a separate code: the Dutch Code of Civil Procedure (Wetboek van Burgerlijke Rechtsvordering, hereinafter: DCCP), which is divided into four books.
Book I (De wijze van procederen voor de rechtbanken, de hoven en de Hoge Raad) contains the regulations on litigation in the various Dutch Courts.
Book II (Van de gerechtelijke tenuitvoerlegging van vonnissen, beschikkingen en authentieke akten) deals with the enforcement of court decisions and inter alia notarial deeds by attachment and other enforcement measures, such as penalty payment (dwangsom) and committal for failure to comply with a judicial order (lijfsdwang).
Book III (Van rechtspleging van onderscheiden aard) contains – inter alia – provisions on protective measures by prejudgment attachment.
Finally, Book IV (Arbitrage) covers arbitration proceedings, both in and outside the Netherlands.
The Dutch Court system is structured as follows. As in most countries, there is a single Supreme Court (Hoge Raad), which is based in The Hague. The four Courts of Appeal (Gerechtshof) are spread over the country (Amsterdam, The Hague, Arnhem-Leeuwarden and ‘s-Hertogenbosch). There are 11 District Courts (Rechtbank), which have a more limited jurisdiction (rechtsmacht) than the Courts of Appeal. Each District Court has several court locations (for example, the District Court of Rotterdam is located in Rotterdam and Dordrecht). In addition, each District Court encompasses a Subdistrict Court (Kantonrechter) where specific types of cases are decided.
The Dutch Judicial Organization Act (Wet op de Rechterlijke Organisatie, hereinafter: RO) regulates the subject matter competence (absolute competentie) of the different Dutch Courts. The District Courts are the courts of first instance.