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Doing Business in the Netherlands 2012 - American Chamber of ...

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Regulation is applicable <strong>in</strong> civil and commercial matters. It does not<br />

cover revenue, customs, or adm<strong>in</strong>istrative matters. It is applicable <strong>in</strong><br />

all EU Member States with <strong>the</strong> exception <strong>of</strong> Denmark.<br />

The Regulation provides that a judgment which has been certified as a<br />

European Enforcement Order <strong>in</strong> <strong>the</strong> EU Member State <strong>of</strong> orig<strong>in</strong> shall<br />

be recognized and enforced <strong>in</strong> <strong>the</strong> o<strong>the</strong>r Member States without <strong>the</strong><br />

need for a declaration <strong>of</strong> enforceability and without any possibility <strong>of</strong><br />

oppos<strong>in</strong>g its recognition A judgment on an uncontested claim can be<br />

certified as a European Enforcement Order if certa<strong>in</strong> requirements are<br />

met, such as enforceability <strong>in</strong> <strong>the</strong> EU Member State <strong>of</strong> orig<strong>in</strong>.<br />

Certification is carried out by means <strong>of</strong> a standard form.<br />

The Regulation lays down m<strong>in</strong>imum standards with regard to <strong>the</strong><br />

service <strong>of</strong> documents <strong>in</strong>itiat<strong>in</strong>g <strong>the</strong> proceed<strong>in</strong>gs to protect <strong>the</strong><br />

defendant’s procedural position.<br />

If a European Enforcement Order is given, <strong>the</strong> judgment can be<br />

enforced <strong>in</strong> any EU Member State through a copy <strong>of</strong> <strong>the</strong> judgment and<br />

a copy <strong>of</strong> <strong>the</strong> European Enforcement Order certificate (sometimes<br />

with a translation).<br />

24.7 European Payment Orders<br />

The European Parliament and Council Regulation <strong>of</strong> 12 December<br />

2006 creat<strong>in</strong>g a European order for payment procedure (no.<br />

1896/2006) allows creditors to recover <strong>the</strong>ir uncontested civil and<br />

commercial claims before <strong>the</strong> courts <strong>of</strong> <strong>the</strong> EU Member States (except<br />

Denmark) accord<strong>in</strong>g to a uniform procedure that operates on <strong>the</strong> basis<br />

<strong>of</strong> standard forms. The existence <strong>of</strong> a procedure that is common to all<br />

Member States reduces <strong>the</strong> need for creditors to familiarize<br />

<strong>the</strong>mselves with foreign civil procedures.<br />

The cost-efficient procedure does not require presence before <strong>the</strong><br />

court. It can even be started and handled <strong>in</strong> a purely electronic way.<br />

The claimant only has to submit its application. It does not require<br />

any fur<strong>the</strong>r formalities or <strong>in</strong>tervention on <strong>the</strong> part <strong>of</strong> <strong>the</strong> claimant.<br />

260 Baker & McKenzie

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