Originally from Enforcement of Money Judgments

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General Introduction

This chapter is an outline of the various aspects relating to the enforcement of a foreign money judgment in the Kingdom of the Netherlands (hereinafter referred to as “the Netherlands”).  The observations set forth below only relate to Dutch domestic law, including directly applicable European regulations,  and the provisions of directly applicable treaties to which the Netherlands is a party. The most important provisions relating to the enforcement of foreign judgments in the Netherlands are laid down in the following European regulations:

• the European Council Regulation (EC) number 1215/2012 dated 12 December 2012 on jurisdiction and the enforcement of judgments in civil and commercial matters (also referred to as Brussels I recast, hereinafter referred to as “Brussels I bis-Regulation”), which entered into force on 10 January 2015 and replaced the Brussels I-Regulation (mentioned below), , 

• the European Council Regulation (EC) number 44/2001 dated 22 December 2000 on jurisdiction and the enforcement of judgments in civil and commercial matters (hereinafter referred to as “Brussels I-Regulation”), ,  which entered into force on 1 March 2002 and replaced the Brussels Convention dated 27 September 1968, 

• the European Council Regulation (EC) number 805/2004 dated 21 April 2004, creating a European Enforcement Order for uncontested claims (hereinafter referred to as the “EEO-Regulation”),  which entered into force on 21 January 2005 and is effective as from 21 October 2005,

• the European Council Regulation (EC) number 1896/2006 dated 12 December 2006 on the implementation of a European order for payment procedure (hereinafter referred to as the “EPO-Regulation”),  which entered into force on 31 December 2006 and is effective as from 12 December 2008,  and

• the European Council Regulation (EC) number 861/2007 of 11 July 2007, establishing a European Small Claims Procedure (hereinafter referred to as the “ESC-Regulation”),  which entered into force on 1 August 2007 and is effective as from 1 January 2009. 

The Netherlands and the United States have not concluded a bilateral treaty,  nor are they parties to a multilateral treaty,  concerning the recognition and enforcement of money judgments