Serving documents

Netherlands

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Netherlands

NB! Council Regulation (EC) No 1393/2007 has been replaced by Regulation (EU) 2020/1784 of the European Parliament and of the Council as of 1 July 2022.

Notifications made under the new Regulation can be found here!


Article 2(1) – Transmitting agencies

All judicial officers in the Netherlands are transmitting agencies. Look for a transmitting agency via: https://www.kbvg.nl/zoekeengerechtsdeurwaarderskantoor.

Click on the below link to view all competent authorities related to this Article.
List of competent authorities

Article 2(2) – Receiving agencies

All judicial officers and the central body in the Netherlands are receiving agencies. Look for a receiving agency via: https://www.kbvg.nl/zoekeengerechtsdeurwaarderskantoor.

Click on the below link to view all competent authorities related to this Article.
List of competent authorities

Article 2(4)(c) – Means of receipt of documents

Judicial officers may receive documents by post. Receiving agencies whose fax or e-mail address is indicated in the annex may also receive documents by fax or e-mail.

Article 2(4)(d) – Languages that may be used for the completion of the standard form set out in Annex I

The languages that may be used to complete the form referred to in Article 4(3) of the Regulation and the certificate of service referred to in Article 10(2) of the Regulation are English and German.

Article 3 – Central body

The central body is the Royal Professional Organisation of Judicial Officers (Koninklijke Beroepsorganisatie van Gerechtsdeurwaarders).

Address:

Prinses Margrietplantsoen 49

2595 BR THE HAGUE

Netherlands

Tel.: + 31 70 890 35 30

e-mail: kbvg@kbvg.nl

Web address: http://www.kbvg.nl/

The central body may receive/send documents by post, e-mail or telephone in Dutch or English.

Article 4 – Transmission of documents

The languages that may be used to complete the form referred to in Article 4(3) of the Regulation and the certificate of service referred to in Article 10(2) of the Regulation are English and German.

Articles 8(3) and 9(2) – Particular periods set by national law for serving documents

In the Netherlands, where a document has to be served within a particular period, the date to be taken into account with respect to the applicant is determined by Dutch law.

Where according to the law of an EU country a document has to be processed within a particular period, the date to be taken into account with respect to the applicant is that determined by the law of that country.

Article 10 – Certificate of service and copy of the document served

The languages that may be used to complete the form referred to in Article 4(3) of the Regulation and the certificate of service referred to in Article 10(2) of the Regulation are English and German.

Article 11 – Costs of service

The amount of the fixed fee for the costs of recourse to a judicial officer or to a person competent under the law of the Member State addressed is €65.

Article 13 – Service by diplomatic or consular agents

The Netherlands does not oppose the possibility of a Member State serving judicial documents on persons residing in the Netherlands, without any compulsion, direct through its diplomatic or consular agents.

Article 15 – Direct service

Direct service on the basis of Article 15 of the Regulation by a judicial officer is allowed for persons resident in the Netherlands.

Article 19 – Defendant not entering an appearance

Judges in the Netherlands may, by way of derogation from Article 19(1), hand down a judgment if the conditions of Article 19(2) are complied with.

An application for relief from the effects of the expiry of the period referred to in Article 19(4) of the Regulation is admissible if it is submitted within one year of the date on which the decision was handed down.

Last update: 03/08/2023

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