Netherlands

The Dutch Code of Civil Procedure (Wetboek van Burgerlijke Rechtsvordering) does not contain a systematic and comprehensive national-autonomous regime that governs the recognition and enforcement of foreign judgments in civil and commercial matters in the Netherlands. In fact, Article 431(1) of the Dutch Code of Civil Procedure (DCCP) prohibits the enforcement of foreign judgments and authentic acts in the Netherlands, unless they are recognised pursuant to an international convention and a Dutch court granted leave for their enforcement, ie an exequatur, in a procedure in accordance with Articles 985−994 DCCP. Absent an international convention, an enforceable title in the Netherlands can only be obtained by a new decision on the merits of the foreign case by a Dutch court in proceedings pursuant to Article 431(2) DCCP. The prohibition of enforcement, however, did not preclude the Supreme Court (Hoge Raad) from developing national-autonomous rules that govern the recognition of foreign judgments, including in civil and commercial matters, in its case law on the interpretation of Article 431 DCCP.