🇳🇱 Netherlands

1. The status of digitalisation in enforcement of the judgments under the regulation in

question (a) under EOP Regulation, and (b) under EEO Regulation

The request for an EOP or EEO can be submitted to the registry of the court, either by regular mail or by direct delivery. The Dutch court will only process a request for an EOP after the court fee has been paid by the applicant. Under Article 33 of the Dutch Code of Civil Procedure (DCCP - Wetboek van Burgerlijke Rechtsvordering), electronic means of communication are also permitted if this is accepted and available by the requested judge. As of 15 November 2021, voluntary digital proceedings are possible at the courts for applications in seizure cases. This can be done via the 'Aansluitpunt Rechtspraak - Digitale Toegankelijkheid (DT)' or the web portal 'Mijn Rechtspraak'. These platforms offer parties digital access to the court, with additional rules described in the Electronic Proceedings Decree and the Digital Access Regulations. For parties who do not proceed digitally, the court can inform them about alternative methods of inspection, and they can also submit procedural documents such as applications and defences via the web portal 'Mijn Rechtspraak'. When submitting digitally, the submitter automatically receives a confirmation of receipt. The court communicates with the parties by post, phone, or digitally via the web portal 'Mijn Rechtspraak' for parties who proceed digitally. When placing a procedural document in the digital system, a notification is sent to the specified e-mail address of the parties. This time is considered the moment at which the document is made known to the party. The parties are themselves responsible for the accessibility and availability of their specified e-mail address. Failure to provide an e-mail address means that one waives notifications, which is at one's own risk.

Procedural aspects

2. Competent court or authority and procedure involved in the enforcement (a) under EOP

Regulation, and (b) under EEO Regulation

(a) European Order for Payment (EOP) - Netherlands

Jurisdiction for European Orders for Payment in the Netherlands lies exclusively with the District Court of The Hague (Rechtbank 's-Gravenhage). Where the monetary claim does not exceed €5,000, including interest, penalties and costs, the matter is heard and decided by the subdistrict court. Applications for a European Order for Payment are submitted using standard Form A (Annex I to the EOP Regulation, Article 7). No evidence needs to be attached to the application; a description of the claim is sufficient, although parties remain free to submit supporting documents. The court examines whether the application satisfies the requirements set out in Articles 2, 3, 4, 6 and 7 of the EOP Regulation. Following examination, the court may: request supplementation or correction of the application (Form B, Article 9), request amendment of the application (Form C, Article 10), reject the application (Form D, Article 11), or issue the European Order for Payment within 30 days (Form E, Article 12). The EOP is served on the defendant (or their representative) together with Form F, which enables the defendant to submit a written statement of defence (Article 16(1)). The defendant has 30 days from service to pay the claimed amount or to lodge a statement of defence, which may be submitted in writing or, under certain conditions, electronically. If no statement of defence is filed within the prescribed time limit, the court of origin declares the EOP enforceable without delay using Form G (Article 18). If a statement of defence is lodged, the procedure continues in accordance with Article 17(1)(a) or (b) of the Regulation. In such cases, the District Court of The Hague proposes the appointment of a judge and sets a time limit for the claimant to contest this proposal. After expiry of that period, the appointment decision is communicated to the parties. If another court is appointed, the file is transferred accordingly. Any challenge to the appointment is decided by the appointed judge, who is not bound by the initial appointment decision. Once the procedure becomes adversarial, legal representation of the defendant is mandatory, pursuant to Article 6(1) of the EOP Implementation Act.

(b) European Enforcement Order (EEO) - Netherlands

Under Article 5 of the EEO Regulation, an uncontested claim certified as a European Enforcement Order in the Member State of origin must be recognised and enforced in other Member States without a declaration of enforceability and without the possibility of challenging recognition, provided that the minimum standards set out in Article 6 are met. Requests for EEO certification of judicial decisions or judicial settlements are submitted to the court that issued the decision: to the preliminary relief judge for district court decisions, to the subdistrict court judge for subdistrict court decisions, to the court of appeal for appellate decisions (Article 6 of the EEO Implementation Act). The court decides on the request without delay and without summoning the debtor (Article 2(1) of the EEO Implementation Act). The request for certification may be submitted either during the proceedings themselves, including in the document instituting proceedings, or at a later stage. Such a request is not considered a modification or increase of the claim (Article 2(4) of the EEO Implementation Act). For authentic instruments, the request for EEO certification must be submitted to the preliminary relief judge of the court where the notary who drew up the instrument is established (Article 7 of the EEO Implementation Act). The documents to be submitted include: an authentic copy of the decision, judicial settlement or authentic instrument, the procedural document that led to the decision, settlement or instrument, the information necessary for certification in accordance with Annexes I, II or III to the EEO Regulation (Article 2 EEO Implementation Act, in conjunction with Articles 6 and 7). The request for EEO certification may be submitted by a bailiff or a lawyer. However, legal assistance is not mandatory where certification concerns a decision of the subdistrict court, pursuant to Article 2(3) of the EEO Implementation Act.

3. rules on service

(a) Under the European Order for Payment (EOP) Regulation: Service and notification with proof of receipt (Article 13 EOP and Article 5 EOP Implementation Act) is the most common form of service and notification in the Netherlands. In the Netherlands, the European Payment Order and the application on which it is based must be served on the debtor in accordance with these articles by registered mail with acknowledgement of receipt or by bailiff's writ. Service without proof of receipt (Article 14 EOP) is not common in the Netherlands. Service in accordance with one of the methods of service mentioned in Article 14(1) EOP must be completed by the person who effected the service in a document showing the manner of service, the date of service and the name of the person to whom the service was effected. The relationship of this person to the debtor must also be stated. Personal service on a person other than the debtor is only permitted under Article 14 EOP if the person to whom service is made actually receives the European order for payment. The latter must then ensure that the debtor receives the order for payment as soon as possible. Service or notification under Article 13 or 14 may also be made to a representative of the defendant. Service is also possible electronically via the 'Aansluitpunt Rechtspraak - Digitale Toegankelijkheid (DT)' or the web portal 'Mijn Rechtspraak'. If the debtor has no known place of residence or domicile in the Netherlands, but does have one in another Member State, the service or notification of the European order for payment and of the application on which the order for payment is based shall be effected in accordance with Article 277 Rv. Under this article, applicants and interested parties with a known place of residence or actual abode in a Member State of the European Union are summoned to appear in an application procedure by registered letter with acknowledgement of receipt. (b) Under the European Enforcement Order (EEO) Regulation: The main rule is that service takes place in accordance with Article 46 of the Dutch Code of Civil Procedure (DCCP - Wetboek van Burgerlijke Rechtsvordering), with preference given to service in person. Only if service in accordance with Article 46 of the DCCP is not possible, the bailiff may, in accordance with Article 47 of the DCCP, leave the writ in a sealed envelope at the debtor's home address. If this is also not possible, a copy can be delivered by post. With regard to legal entities, service must take place at the office of the legal entity according to Article 50 of the DCCP. In the Netherlands, this is done to the director, as they are authorised to represent the legal entity. If the person has an actual place of residence in the Netherlands, service can take place at that address. Otherwise, service takes place at the Public Prosecution Service (Article 54 of the DCCP). For persons with a known place of residence or actual place of abode abroad, service takes place in accordance with Article 55 of the DCCP by service at the Public Prosecution Service, after which a copy is sent to the Ministry of Foreign Affairs. The bailiff sends a second copy abroad by registered post. Service is also possible electronically via the 'Aansluitpunt Rechtspraak - Digitale Toegankelijkheid (DT)' or the web portal 'Mijn Rechtspraak'.

4. Language of the certificate and documents to be appended

(a) Under the European Order for Payment (EOP) Regulation: The EOP Regulation does not contain any language requirements. Based on Article 8(2) of the EOP Implementation Act the official language of the Netherlands is Dutch. Only applications in Dutch can be submitted to the District Court of The Hague. It is not necessary to submit a translation of a supporting document if it is drawn up in English, German or French. The court may request a translation if it deems this necessary or desirable for the handling of the case, also taking into account the interests of the other interested parties. The court may determine that a translation must be submitted has been drawn up and signed by a sworn translator.

(b) Under the European Enforcement Order (EEO) Regulation: If the certificate is drawn up in the language of the country of origin, the Member State of enforcement may require a translation or transcription in the official language if necessary (Article 20(2)(c) EEO). A judicial decision, judicial settlement or authentic instrument from another EU Member State that has been certified as a European Enforcement Order must be written in Dutch or translated, unless the debtor understands the language (Article 10(1) of the EEO Implementation Act). But a form completed in English is also accepted (Article 10(2) of the EEO Implementation Act). A translation is necessary when a piece of evidence is drawn up in a language other than English, German or French. The court may determine that a translation must be submitted that has been prepared and signed by a sworn translator for the benefit of the other party involved.

5. enforcement fees (a) Under the European Order for Payment (EOP) Regulation: Article 25(2) EOP stipulates that court fees are to be understood as court fees (fixed fee). This amount is determined in accordance with the Court Fees for Civil Procedure Ac, in 2024 the amount will fluctuate between EUR 87 and EUR 9.825 (Article 58 Civil Court Fees Act). The amount depends on the income and the amount of the claim. Court fees do not include the costs of a lawyer, nor the costs of serving documents incurred by a body other than the court. If the debtor files a statement of defence against an issued European order for payment, he will not be charged a fixed fee (Article 11(2) EOP Implementation Act). However, the debtor is also liable for a fixed fee in accordance with the rules of the Court Fees for Civil Procedure Act if he appears in the continued civil proceedings (Article 11(3) EBB Implementation Act). Finally, translation costs may also be incurred. The requesting party will receive an invoice for the costs to be paid. Payment can be made by bank transfer or cash. If court fees are not paid on time, the request cannot be processed further. The file in question will then be processed. (b) Under the European Enforcement Order (EEO) Regulation: When submitting a petition, the applicant is liable for court fees, unless otherwise provided in the Civil Court Fees Act. The court fees must be credited to the court account or paid to the registry by the applicant within four weeks of submitting the petition. The amount is determined in accordance with the Court Fees for Civil Procedure Ac, in 2024 the amount will fluctuate between EUR 87 and EUR 9.825 (Article 58 Civil Court Fees Act). The amount depends on the income and the amount of the claim. If the petition is withdrawn after submission or if the court has applied the provisions of Article 282a(2) of the DCCP, the applicant remains liable for court fees. The EEO procedure may incur costs for opposition or appeal proceedings, including additional court fees, if the debtor contests the enforcement. Court fees do not include the costs of a lawyer, nor the costs of serving documents incurred by a body other than the court. Cost of legal representation by an lawyer depends on e complexity of the case and the hourly rate of the lawyer. Legal aid may be available to eligible persons, in which case the contribution to legal fees will be lower. Once the EEO is granted, enforcement can begin, which requires the services of a bailiff. Enforcement costs vary depending on the complexity of the action and the amount involved. Translation costs may also be charged as appropriate. If the debtor contests the EEO and is eligible for legal aid, legal costs may also be reimbursed in full or in part, depending on the person's financial situation.

6. Refusal, stay, or limitation of the enforcement procedure under the regulation in question in

the intended Member State (a) under EOP Regulation, and (b) under EEO Regulation

(a) European Order for Payment (EOP)

Refusal, suspension or limitation of enforcement of a European Order for Payment is governed by Articles 22 and 23 EOP Regulation and implemented in Dutch law by Article 10 of the EOP Implementation Act. Objections to enforcement must be brought as an enforcement dispute under Article 438 of the Dutch Code of Civil Procedure (DCCP). Under Article 22(1) EOP, enforcement may be refused at the debtor's request by the competent court in the Member State of enforcement. Refusal is possible only if the conditions of Article 22(1) are met, notably where the debtor has already satisfied the claim, or where an earlier judgment or order exists between the same parties, concerning the same subject matter and cause of action, issued either in another Member State or in a third country. In the latter case, the earlier decision must be eligible for recognition in the Member State of enforcement, and the incompatibility with the EOP must not have been capable of being raised as an objection in the Member State of origin. If the debtor has applied for review of the EOP in the Member State of origin, they may seek measures limiting or suspending enforcement in the Member State of enforcement. Such an application does not need to be submitted to the court that issued the EOP. Pursuant to Article 23 EOP, the debtor may request that enforcement be limited to protective measures, made conditional upon the provision of security, or, in exceptional circumstances, suspended. The court seized enjoys discretionary power in deciding whether to grant such measures.

(b) European Enforcement Order (EEO)

Under Article 10(1)(b) EEO Regulation, certification of a decision as a European Enforcement Order may be withdrawn if it does not comply with the Regulation, for example because it falls outside its scope or does not satisfy the requirements of Article 6 EEO. Requests for withdrawal must be submitted using the standard form in Annex VI to the Regulation. The withdrawal procedure is governed by Article 5 of the EEO Implementation Act, as Dutch procedural law does not otherwise provide such a mechanism. According to Article 5(2), withdrawal requests are dealt with through an adversarial procedure. Pursuant to Article 21(1) EEO, enforcement of a certified decision may be refused if it conflicts with an earlier decision involving the same parties, the same cause of action and the same subject matter, provided that the earlier decision is recognised in the Member State of enforcement and the conflict could not have been raised in the certifying State. The enforcement authority may not refuse enforcement ex officio. Under Article 21(2) EEO, any review of the substance of the certified decision in the enforcement State (révision au fond) is expressly prohibited. In cases of incorrect certification, a withdrawal request under Article 10(1)(b) EEO may be combined with a request for stay of enforcement under Article 23 EEO. In Dutch law, Article 438(4) DCCP also allows objections to enforcement in summary proceedings, although this may risk infringing the prohibition of révision au fond. Article 23 EEO enables the debtor to request suspension or limitation of enforcement where an appeal has been lodged in the Member State of origin or where a withdrawal of certification has been requested. Measures may include enforcement subject to security or restriction to protective measures. The Regulation does not define the concept of "appeal", allowing Article 23 to apply broadly to both ordinary and extraordinary remedies, particularly since Article 19 EEO does not impose a time limit on such remedies.

7. Availability of any legal aid for guidance on the enforcement procedures under the

regulation in question in the intended Member State (a) under EOP Regulation, and (b) under EEO Regulation

The submission of an application for a European order for payment or the filing of a statement of opposition against an issued European order for payment does not require the assistance of a lawyer. The parties do not have to appear in court. However, if the debtor has filed a statement of opposition against the issued European order for payment, both the creditor and the debtor will have to engage a lawyer in accordance with the national national rules of civil procedure before a court when continuing the proceedings under Article 6 Implementing Act EOP in conjunction with Article 69 Rv. The same applies for the European Enforcement Order under Article 2(3) of the EEO Implementation Act. Legal aid is available to those who cannot afford the costs of legal representation. The eligibility criteria are based on income and assets. For persons with limited income or financial resources, legal aid may be granted to cover all or part of the legal costs associated with challenging an EOP or EEO. Persons seeking legal aid for these matters must submit an application to the Dutch Legal Aid Board (Raad voor Rechtsbijstand). This application includes an assessment of their financial situation. If the applicant is eligible, the Legal Aid Board will assign a lawyer. This legal aid generally covers the costs of legal advice and representation in proceedings. However, the aid does not automatically extend to the costs of enforcement or proceedings in other EU Member States. This is important for those dealing with the enforcement of foreign judgments, as these do not fall under the Dutch legal aid schemes. Although the Legal Aid Board offers subsidies to those who qualify, contributions may still be requested from the recipient of legal aid, depending on income level. These contributions may vary, but are generally lower than the full legal costs. More information can be found on the website of the Legal Aid Board. In addition, the Legal Aid Desk (Juridisch Loket) offers free legal advice, without a personal contribution. Legal costs, such as those of bailiffs, are advanced by the claimant but are in principle borne by the losing party.

8. Critical assessment of the enforcement procedures under the regulation in question in the

intended Member State (a) under EOP Regulation, and (b) under EEO Regulation

(a) Under the European Order for Payment (EOP) Regulation: The European Payment Order Procedure offers a simple and standardised solution for creditors wishing to file cross-border claims. By using standard forms, such as Form A, uncontested claims can be recovered quickly and affordably. This approach reduces administrative burdens and increases accessibility for both individuals and businesses. The forms are designed to be completed without legal assistance, which may reduce the involvement of lawyers in these cases. However, when examining the annexes, it may not seem easy to complete them as a person with little legal knowledge. It is therefore important that lawyers are well informed about the available options and use them frequently. The business community in particular will make frequent use of the EOP, which makes effective and clear public information essential for successful implementation. The procedure also has the advantage of speed, as judges are required to deal with the application within 30 days, provided it is submitted in full. This ensures that creditors get access to their money faster, without lengthy legal proceedings. However, the EOP does pose some challenges, especially for debtors. If they do not file a defence in time, the payment order automatically becomes enforceable. This can lead to unfair situations, for example when debtors are insufficiently informed due to language barriers or communication problems. In addition, debtors who are not aware of their rights run an increased risk of being disadvantaged. As a result, a good balance between speed and protection of both parties remains a point of attention within the procedure.

(b) Under the European Enforcement Order (EEO) Regulation: The EEO simplifies the enforcement of uncontested claims between EU member states. Certification eliminates the need for an exequatur (declaration of enforceability), saving time and costs. The system provides a standardised process that promotes harmonisation and reduces legal barriers between member states. Although efficient, the process can be complex for parties unfamiliar with the technical requirements (such as exact documentation). The lack of clear guidelines on implementation in the Member State of enforcement can lead to inconsistencies and confusion. Moreover, the procedure requires compliance with formal requirements that can be error-prone. Debtors may also be limited in their ability to challenge enforceability. The procedure offers no review on substantive grounds in the Member State of enforcement, even if an error was made in the Member State of origin. This lack of control can lead to unfair enforcement, especially if debtors are not properly aware of their rights. The acceptance of certificates in English in addition to Dutch facilitates the enforcement of cross-border claims. This partially removes the language barrier and allows cases to be processed faster. The EEO is designed as a relatively low-cost procedure. The absence of mandatory legal representation at some stages makes the process more accessible to small creditors and individuals