Post-Brexit Enforcement Of UK Judgments In The Netherlands: What Options Remain?

The Dutch law journal 'Jurispudentie Burgerlijk Procesrecht' published a commentary on a judgment recently rendered by the Amsterdam District Court, on the enforcement of post-Brexit UK judgments in the Netherlands.

This case ( ECLI:NL:RBAMS:2022:7521) concerns a party seeking leave to enforce two English judgments in the Netherlands (section 985 DCCP). The Amsterdam District Court rules that leave cannot be based on the 2005 Hague Judgment Convention, as the English judgments were made on the basis of an exclusive asymmetric jurisdiction clause, nor can it rely on the Brussels Convention of 27 September 1968 or The 1967 UK-Netherlands bilateral treaty on recognition and enforcement, as those treaties were not "revived" after the Brexit. As no treaty applies in this case, the court refers the case to the Civil Division so that, pursuant to section 431 paragraph 2 DCCP, the case is continued as a summons proceedings (a so-called a 'disguised exequatur procedure').