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 II
Geldend
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.
Subject to the provisions of paragraph (2) and (4) of this Article, this Convention shall apply to judgments in any civil proceedings given after the date of the entry into force of this Convention by the following courts:
- (a)
in the case of the United Kingdom, the House of Lords; for England and Wales, the Supreme Court of Judicature (Court of Appeal and High Court of Justice) and the Courts of Chancery of the Counties Palatine of Lancaster and Durham; for Scotland, the Court of Session and the Sheriff Court; and for Northern Ireland the Supreme Court of Judicature; and
- (b)
in the case of the Kingdom of the Netherlands, the Hoge Raad der Nederlanden, the gerechtshoven and the arrondissementsrechtbanken.
2.
This Convention shall not apply to:
- (a)
judgments given on appeal from courts not referred to in paragraph (1) of this Article;
- (b)
judgments given in proceedings for the recovery of taxes or other charges of a like nature or for the recovery of a fine or other penalty;
- (c)
judgments in matters of family law or status, including orders for maintenance;
- (d)
judgments in matters of succession or the administration of the estates of deceased persons;
- (e)
judgments in matters of bankruptcy or suspension of payments (surséance van betaling) or the winding up of companies.
3.
This Convention shall not preclude the recognition and enforcement in the territory of one High Contracting Party, in accordance with the municipal law for the time being in force in the country concerned, of judgments given by any court in the territory of the other High Contracting Party, being judgments to which this Convention does not apply or judgments given in circumstances where the provisions of this Convention do not require such recognition or enforcement.
4.
A High Contracting Party shall not be obliged to apply this Convention to any judgment given in respect to injury or damage of a description which is the subject of a Convention with respect to third party liability in the field of nuclear energy to which that High Contracting Party is also a Contracting Party.