This case (ECLI:NL:RBAMS:2022:7521) concerns a party seeking leave to enforce two English judgments in the Netherlands (section 985 DCCP). The Amsterdam District Court rules that leave cannot be based on the 2005 Hague Judgment Convention, as the English judgments were made on the basis of an exclusive asymmetric jurisdiction clause, nor can it rely on the Brussels Convention of 27 September 1968 or The 1967 UK-Netherlands bilateral treaty on recognition and enforcement, as those treaties were not “revived” after the Brexit. As no treaty applies in this case, the court refers the case to the Civil Division so that, pursuant to section 431 paragraph 2 DCCP, the case is continued as a summons proceedings (a so-called a ‘disguised exequatur procedure’).  

In his commentary, Abdel comments on the judgment against the broader context of earlier judgments and literature regarding the enforcement of civil judgments in the Netherlands.

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See also our earlier post on recognition and enforcement of foreign judgments and request a free soft copy of our ‘Asset Recovery Guide – Benelux & Switzerland’.