Gerechtshof 's-Gravenhage, arrest van 12/08/1993 De staat Irak (Ministerie van Industrie) / Servaas Inc.
Decision by national courts in the field of European Union law — ECLI:NL:GHSGR:1993:AL1652
Date: 1993-08-12
Subject matter: Brussels Convention of 27 September 1968
Origin: Netherlands

81993NL0812(01)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
The President of the Tribunal de Commerce in Paris (FR) ordered the plaintiff in the present proceedings, a foreign State, to pay a sum of money to an American company, the defendant. This judgment was declared immediately enforceable and it was served on the plaintiff. The President of the Rechtbank Amsterdam (NL) declared the French judgment enforceable in the Netherlands. The defendant consequently had goods in the Netherlands belonging the plaintiff confiscated. The plaintiff appealed the declaration of enforceability. Moreover, it requested in summary proceedings before the President Rechtbank Middelburg (NL) that the enforcement of the French decision be ceased. The President dismissed the claim. He found that the defendant had the right to take enforcement measures. Also, there were no other facts to justify a different ruling. The plaintiff appealed that decision to the Hof 's-Gravenhage (NL).
The Hof agrees with the plaintiff that according to Article 39 and Article 36 Brussels Convention, the French judgment cannot be enforced in The Netherlands while a decision on the appeal against the enforcement order has not yet been issued. However, the appeal on the declaration of enforceability was only entered after the expiration of the one month deadline after the service of the judgment issued regarding the declaration of enforceability, and is for that reason late. For that reason, the Hof dismisses the appeal.