AND HELD THAT , ACCORDING TO GERMAN LAW , MR KLOMPS WAS HABITUALLY RESIDENT AT THE ADDRESS WHERE SERVICE WAS EFFECTED .
4 IT IS CLEAR FROM THE FILE THAT UNDER GERMAN LAW THE OBJECTION TO THE ORDER FOR PAYMENT MIGHT BE MADE QUITE INFORMALLY , WITHOUT STATING REASONS , AND EVEN BY A REPRESENTATIVE WHO WAS NOT REQUIRED TO PROVE THAT HE WAS DULY AUTHORIZED FOR THE PURPOSE . BOTH THE PROPERLY-INTRODUCED OBJECTION AGAINST AN ENFORCEMENT ORDER AND THE OBJECTION TO THE ORDER FOR PAYMENT HAD THE EFFECT OF TRANSFORMING THE SUMMARY PROCEEDINGS FOR OBTAINING THAT ORDER INTO ADVERSARY PROCEEDINGS BUT THE ENFORCEMENT ORDER REMAINED PROVISIONALLY ENFORCEABLE DESPITE THE OBJECTION AND IT WAS THUS EQUIVALENT TO A JUDGMENT IN DEFAULT .
5 IN THE COURSE OF THE VARIOUS PROCEEDINGS BEFORE THE NETHERLANDS COURTS THE DEFENDANT , WHO IS THE APPELLANT IN CASSATION , CLAIMED THAT THE RECOGNITION , AND ACCORDINGLY THE ENFORCEMENT , IN THE NETHERLANDS , OF THE ORDERS MADE AGAINST HIM BY THE GERMAN COURTS WERE CONTRARY TO ARTICLE 27 , POINT 2 , OF THE CONVENTION WHICH PROVIDES :
' ' A JUDGMENT SHALL NOT BE RECOGNIZED :
. . .
2 . WHERE IT WAS GIVEN IN DEFAULT OF APPEARANCE , IF THE DEFENDANT WAS NOT DULY SERVED WITH THE DOCUMENT WHICH INSTITUTED THE PROCEEDINGS IN SUFFICIENT TIME TO ENABLE HIM TO ARRANGE FOR HIS DEFENCE . ' '
6 IN THESE CIRCUMSTANCES THE HOGE RAAD DECIDED TO STAY THE PROCEEDINGS AND TO REQUEST THE COURT OF JUSTICE TO ANSWER THE FOLLOWING QUESTIONS :
' ' ( 1 ) MUST A ' ZAHLUNGSBEFEHL ' ( ORDER FOR PAYMENT ), OR A ' VOLLSTRECKUNGSBEFEHL ' ( ENFORCEMENT ORDER ), ISSUED UNDER GERMAN LAW AS IT WAS IN 1976 , BE REGARDED AS ' THE DOCUMENT WHICH INSTITUTED THE PROCEEDINGS ' WITHIN THE MEANING OF THE OPENING WORDS AND POINT 2 OF ARTICLE 27 OF THE EEC CONVENTION ON JURISDICTION AND THE ENFORCEMENT OF JUDGMENTS IN CIVIL AND COMMERCIAL MATTERS?
( 2)IF IT MUST BE ASSUMED THAT IN A CASE SUCH AS THE PRESENT ONE THE ' ZAHLUNGSBEFEHL ' IS THE DOCUMENT WHICH INSTITUTED THE PROCEEDINGS WITHIN THE MEANING OF THE OPENING WORDS AND POINT 2 OF ARTICLE 27 IS IT NECESSARY , WITH REGARD TO THE QUESTION WHETHER THAT DOCUMENT WAS SERVED ON THE DEFENDANT IN SUFFICIENT TIME TO ENABLE HIM TO ARRANGE FOR HIS DEFENCE , TO TAKE ACCOUNT ONLY OF THE PERIOD FOR SUBMITTING A ' WIDERSPRUCH ' ( OBJECTION ) AGAINST THE ' ZAHLUNGSBEFEHL ' , OR MUST ACCOUNT ALSO BE TAKEN OF THE FACT THAT AFTER THE EXPIRY OF THAT PERIOD THE DEFENDANT STILL HAS A PERIOD FOR LODGING AN ' EINSPRUCH ' ( OBJECTION ) AGAINST THE ' VOLLSTRECKUNGSBEFEHL ' ?
( 3)ARE THE OPENING WORDS AND POINT 2 OF ARTICLE 27 APPLICABLE IF THE DEFENDANT IN THE STATE OF THE COURT THE RECOGNITION OR ENFORCEMENT OF WHOSE DECISION IS SOUGHT ( THE COURT FIRST SEISED ) HAS OBJECTED TO THE