Hoge Raad, arrest van 09/07/2004 # J.G.D. Masselink / Deutsche Paracelsus Schulen für Naturheilverfahren GmbH
Decision by national courts in the field of European Union law — ECLI:NL:HR:2004:AO9495
Date: 2004-07-09
Based on: Provisional data
Subject matter: Brussels Convention of 27 September 1968
Origin: Netherlands

82004NL0709(06)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
The President of Rechtbank Alkmaar (NL) granted a leave to the enforcement of a German judgment in the Netherlands after a request by the defendant, a German company. The plaintiff, a person domiciled in the Netherlands, entered an appeal against this decision. The Rechtbank Alkmaar (NL) deemed this appeal inadmissible based on Dutch procedural law. The plaintiff entered an appeal against this decision before the Hoge Raad (NL).
The Hoge Raad states that Article 36 Brussels Convention concerning a decision on recognition and enforcement implies that there exists a legal remedy in the form of an appeal against such a decision. The Hoge Raad states that in respect of a decision granting a leave to the enforcement of a foreign decision in the sense of Article 31 Brussels Convention, Dutch procedural law is not applicable where the Brussels Convention provides for the necessary provisions. The Hoge Raad reverses the decision of Rechtbank.