Every document that has been sent to the requested authority under Regulation (EC) No 1393/2007 of the European Parliament and of the Council of 13 November 2007 on the service of judicial and extrajudicial documents in civil or commercial matters.
The bailiff has been designated in the Netherlands as the receiving and transmitting agency.
The bailiff is required to check the domicile of the addressee in the Dutch population register (BRP). This mandatory verification will also show any new address if the addressee is no longer resident at the address indicated.
In the Netherlands, the courts are the competent authority with respect to Regulation (EC) No 1206/2001 of 28 May 2001. However, the Dutch courts are not competent to retrieve a party’s address (on request).
Service of the document is one of a bailiff’s official duties (Article 2 of the Bailiffs Act (Gerechtsdeurwaarderswet)). After verification, as described under question 4.1, the bailiff must serve the document received for service to its addressee. In principle, documents are served in person. There are no alternative methods apart from the ‘substituted service’ referred to under question 7.
Electronic service of documents is not authorised in the Netherlands.
No, or at least only if this specific form is not contrary to Dutch law. Service is also possible to an address other than that of the addressee’s domicile, provided that the bailiff meets and speaks to the addressee in person. If the addressee has no known domicile or residence in the Netherlands, a document can be deposited at the public prosecutor’s office.
Bailiffs do not serve documents by post, although the transmitting agency in another Member State can send the document to the addressee directly by post.
1. Refusal to accept the document
If the addressee refuses to accept the document served by the bailiff, the bailiff is entitled to leave the document at the registered address in a sealed envelope (Article 47 of the Code of Civil Procedure (Wetboek van Burgerlijke Rechtsvordering). Service is deemed to have been effected at that time.
2. Refusal on grounds of translation
If the addressee refuses to accept the document on grounds of translation (Article 8(1) of Regulation (EC) No 1393/2007), the bailiff must record this refusal in the certificate and designate it as non-service. According to the most recent European Court of Justice case law, it is for the court to decide to what extent a refusal is valid (Novo Banco judgment).
The postal service may also deliver to another person. Identification will be requested depending on the chosen form of dispatch.
If it has been sent by registered post, the document will be deposited at the post office for a specific period of time. The postman leaves notification of this in the addressee’s letterbox.
If a registered document cannot be delivered, the postman leaves a message that the addressee can collect the document at the post office indicated. The document is kept for three weeks. If it is not collected, it is returned to the sender.
Yes, in addition to the record of service, the requested authority (the bailiff) will also draw up a certificate of service (Article 10 of the Service Regulation) and send it together with the record to the requesting authority.
Unlawful service of a document is not possible if a bailiff was involved. Nullity is possible, as referred to in Article 66 of the Code of Civil Procedure.
If the service took place via a requested authority in the Netherlands, the payment for service consists of a fixed amount of EUR 65 per service.
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