Rechtbank Amsterdam, uitspraak van 27/04/1983 81.3029
Decision by national courts in the field of European Union law — ECLI:NL:RBAMS:1983:1
Date: 1983-04-27
Subject matter: Brussels Convention of 27 September 1968
Origin: Netherlands

81983NL0427(51)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
On the request of a German Bank, the President of the Rechtbank Amsterdam (NL) declared enforceable a German "Mahnbescheid" (= order to pay) with "Vollstreckungsbescheid" (= enforcement order) against a Netherlands resident. The defendant appeals against the declaration of enforceability stating that the document, by which proceedings in Germany were instituted, was not served to her properly The Bank submits a certificate of service on which a person named Franquis is mentioned as the housemate who was served with the document.
The court considers that the appeal against the declaration of enforceability was instituted in due time; the question at which moment the period for instituting the appeal starts, shall be answered by Article 81 of the Netherlands Code of Civil Procedure. A centre for social aid to single women is located at the address where service took place. The defendant claims that she is not a housemate of Franquis and does not know this person. Furthermore, it cannot be ascertained whether Franquis is a first name or a surname and, therefore, the certificate of service does not meet minimum standards. As it was not shown that the "Mahnbescheid" was in any other way put to the attention of the defendant, the declaration of enforceability was granted contrary to the requirements of Article 27 (2) Brussels Convention.