Convention between the Kingdom of the Netherlands and the United Kingdom of Great Britain and Northern Ireland providing for the Reciprocal Recognition and Enforcement of Judgments in Civil Matters:Article IV

Convention between the Kingdom of the Netherlands and the United Kingdom of Great Britain and Northern Ireland providing for the Reciprocal Recognition and Enforcement of Judgments in Civil Matters

Article IV

Geldend

Documentgegevens:

Geldend vanaf 21-09-1969

Bronpublicatie:: 17-11-1967, Trb. 1967, 197 (uitgifte: 15-12-1967, kamerstukken/regelingnummer: -)
Inwerkingtreding: 21-09-1969
Bronpublicatie inwerkingtreding:: 19-08-1969, Trb. 1969, 131 (uitgifte: 01-01-1969, kamerstukken/regelingnummer: -)
Vakgebied(en): Internationaal privaatrecht / Internationaal erkennings- en executierecht

1.

For the purposes of sub-paragraph (a) of paragraph (2) of Article III, the courts of the country of the original court shall, subject to the provisions of paragraphs (2) to (4) of this Article, be recognized as possessing jurisdiction:

(a): if the judgment debtor, being a defendant in the proceedings in the original court, submitted to the jurisdiction of that court by voluntarily appearing in the proceedings otherwise than for the purpose of protecting, or obtaining the release of, property seized, or threatened with seizure, in the proceedings or of contesting the jurisdiction of that court; or
(b): if the judgment debtor was plaintiff or counterclaimant in the proceedings in the original court; or
(c): if the judgment debtor, being a defendant in the proceedings in the original court, had before the commencement of the proceedings agreed, in respect of the subject matter of the proceedings, to submit to the jurisdiction of that court or of the courts of the country of that court; or
(d): if the judgment debtor, being a defendant in the original court, was at the time when the proceedings were instituted, resident in, or being a body corporate, had its principal place of business in, the country of that court; or
(e): if the judgment debtor, being a defendant in the original court, had an office or place of business in the country of that court and the proceedings in that court were in respect of a transaction effected through or at that office or place.

2.

The provisions of paragraph 1 of this Article shall not apply to judgments where the subject matter of the proceedings was immovable property, but the jurisdiction of the original court shall be recognized if such property were situated in the country of the original court.

3.

The provisions of paragraph 1 of this Article shall not apply to judgments given in an action in rem concerning ships, aircraft or their cargo. The jurisdiction of the original court shall, however, be recognized if such ships, aircraft or their cargo were situated in the country of the original court at the time of the commencement of the proceedings in the original court.

4.

The jurisdiction of the original court shall not be recognized in the cases specified in sub-paragraphs d and e of paragraph 1 and in paragraphs 2 and 3 of this Article, if the bringing of the proceedings in the original court was contrary to an agreement under which the dispute in question was to be settled otherwise than by proceedings in the courts of the country of the original court.