Foreign judgments: when can you enforce them in the Netherlands?

A foreign judgment can be enforced in the Netherlands only if a treaty, an EU regulation or a Dutch statute says so; that is the starting point of Article 431 of the Dutch Code of Civil Procedure (Wetboek van Burgerlijke Rechtsvordering, DCCP). The main exception: within the EU, judgments in civil and commercial matters are enforceable without any separate Dutch procedure, and where no treaty applies you can start new proceedings in which the Dutch court will usually follow the foreign judgment.

This question comes up whenever a dispute involves parties in more than one country. Below we explain which rules apply, which route you need and what the Dutch court will check. For arbitral awards, including an award annulled in the country of origin, see our article on recognition and enforcement of an annulled arbitral award.

What does Article 431 DCCP say?

Article 431 DCCP contains a basic rule on enforcement and an alternative route. In translation, it reads:

‘1. Subject to the provisions of Articles 985-994, neither decisions rendered by foreign courts nor authentic instruments drawn up outside the Netherlands can be enforced in the Netherlands.

2. The cases can be heard and settled again in the Dutch court.’

The first paragraph deals with enforcement; the exceptions lie in Articles 985-994 DCCP. The second paragraph deals with what you can do if enforcement is not possible.

When is a foreign judgment enforceable under Article 431(1) DCCP?

Only when a treaty or a law makes it enforceable. Articles 985-994 DCCP set out the general procedure for enforcing titles from foreign states, the exequatur procedure, and under Article 985(1) DCCP it applies only to decisions enforceable in the Netherlands by virtue of a treaty or law.

Which EU regulations are relevant?

Several EU regulations deal with recognition and enforcement between Member States:

• Brussels I-bis Regulation (Regulation (EU) No 1215/2012) on civil and commercial matters
• Brussels II-ter Regulation on divorce and parental responsibility
• Maintenance Regulation on child and spousal maintenance
• Matrimonial Property Regimes Regulation and Registered Partnerships Regulation on the property of spouses and registered partners
• Succession Regulation on cross-border inheritance

Brussels I-bis goes furthest. Under Article 36(1), a judgment given in one Member State is recognised in the others without any special procedure, and under Article 39 a judgment enforceable in its Member State of origin is enforceable in the others without a declaration of enforceability. This applies to proceedings started on or after 10 January 2015. Under some other regulations you still need a declaration of enforceability, so the regime depends on the subject of the judgment.

What about the 2019 Hague Judgments Convention?

The Hague Convention of 2 July 2019 on the recognition and enforcement of foreign judgments in civil or commercial matters entered into force for the EU, including the Netherlands, on 1 September 2023. It also applies with Ukraine (1 September 2023), Uruguay (1 October 2024) and the United Kingdom (1 July 2025), according to the status table of the Hague Conference (HCCH). Under its Article 16 it covers only judgments in proceedings started after it took effect between the two states. For such judgments you apply for leave under the Convention instead of starting new proceedings.

Do you still need leave from the Dutch court?

Often yes, outside the Brussels I-bis regime. If a treaty or law still requires leave, you must first ask the Dutch court to grant leave for enforcement (exequatur) under Article 985 DCCP. The court does not re-examine the case; it only checks the conditions set out in the treaty or law concerned.

What if there is no treaty? New proceedings under Article 431(2) DCCP

Then you start new proceedings before the Dutch court. Without an enforcement treaty or regulation, a foreign judgment cannot be enforced under Article 431(1) DCCP.

A Russian judgment is an example: there is no treaty between the Kingdom of the Netherlands and the Russian Federation on recognition and enforcement in civil and commercial matters. The party in whose favour the foreign judgment was given may bring the case again before the Dutch court under Article 431(2) DCCP and ask for a comparable, enforceable decision. The fact that a foreign court has already ruled does not prevent this.

What will the Dutch court check?

The Dutch court decides in each case whether, and to what extent, it gives authority to the foreign judgment. This principle goes back to the Bontmantel judgment of the Supreme Court (Hoge Raad) of 14 November 1924 (NJ 1925).

In its judgment of 26 September 2014 (ECLI:NL:HR:2014:2838, Gazprombank), the Supreme Court set out the minimum requirements. A foreign judgment that has become final (res judicata) is recognised in the Netherlands if:

1. the foreign court based its jurisdiction on a ground that is generally acceptable by international standards;
2. the foreign judgment was given in proceedings that meet the requirements of a proper and fair trial with sufficient safeguards;
3. recognition of the foreign judgment is not contrary to Dutch public policy;
4. the foreign judgment is not incompatible with a Dutch judgment between the same parties, or with an earlier foreign judgment between the same parties on the same subject and based on the same cause.

In a judgment of 29 September 2023 (ECLI:NL:HR:2023:1265), about a Moroccan child-maintenance judgment, the Supreme Court confirmed these four requirements. It added that a court may postpone or refuse recognition while the foreign judgment is not yet final, referring for comparison to Article 4(4) of the 2019 Hague Judgments Convention.

What happens if the requirements are met?

The Dutch court does not examine the case again on the merits. It gives a new judgment with the same order as the foreign court, and you enforce that Dutch judgment; the foreign judgment itself is not declared enforceable.

What happens if the requirements are not met?

Then the Dutch court deals with the case on the merits and decides freely what evidential value the foreign judgment has. Case law gives great weight to the right to be heard: a judgment given in breach of that right will probably be refused as contrary to public policy, the third Gazprombank requirement.

What should you check as the party seeking enforcement?

Your route depends on the country of origin and the subject of the judgment. Check these points before you instruct a bailiff or file an application:

• Whether an EU regulation applies, and whether it requires a declaration of enforceability or none at all (Article 39 Brussels I-bis).
• Whether the 2019 Hague Judgments Convention or another treaty applies, so that you need leave under Article 985 DCCP.
• Whether the judgment is final in the country of origin, or an appeal is still pending.
• Whether the defendant was properly summoned and heard, and you can prove that with documents.
• Whether the debtor has assets in the Netherlands, such as bank accounts, real estate or receivables, that a Dutch bailiff can seize.

What should you check as the party against whom it is enforced?

You can resist recognition only on limited grounds. Check these points quickly, because enforcement may already be underway:

• Whether the foreign court had jurisdiction on an internationally acceptable ground (first Gazprombank requirement).
• Whether you received the documents in time and had a real opportunity to defend yourself.
• Whether the judgment conflicts with an earlier Dutch or foreign judgment between the same parties.
• Whether the judgment is still open to appeal abroad, which may justify postponing recognition (ECLI:NL:HR:2023:1265).
• Whether the applicable regulation or treaty gives you a specific ground for refusal and a deadline to invoke it.

What can we do for you with a foreign judgment?

Our corporate lawyers act for both creditors and debtors in cross-border enforcement. We can:

• Determine whether an EU regulation, the 2019 Hague Convention or another treaty applies to your judgment.
• Prepare and file the application for leave (exequatur) under Article 985 DCCP.
• Start new proceedings under Article 431(2) DCCP and argue the four Gazprombank requirements.
• Instruct a bailiff to seize assets in the Netherlands once you have an enforceable title.
• Oppose recognition or enforcement of a foreign judgment against you.

Summary

• Under Article 431(1) DCCP, a foreign judgment cannot be enforced in the Netherlands unless a treaty or law provides otherwise.
• Under the Brussels I-bis Regulation, judgments from other EU Member States in civil and commercial matters are enforceable without a declaration of enforceability.
• Where a treaty or law still requires leave, such as the 2019 Hague Judgments Convention, you apply to the Dutch court for exequatur under Article 985 DCCP; the case is not re-examined.
• Without a treaty, you start new proceedings under Article 431(2) DCCP, and the court follows the foreign judgment if the four Gazprombank requirements are met.
• If those requirements are not met, the court decides the case on the merits and decides freely what weight the foreign judgment has.

Frequently asked questions