Post-Brexit: Enforcement of British judgments in the Netherlands

Enforcement then requires an exequatur or declaration of enforceability from the Dutch court. In matters to which the said convention does not apply, the question is currently debated if the bilateral convention between the Kingdom of the Netherlands and the United Kingdom of Great Britain and Northern Ireland concerning the reciprocal recognition and enforcement of judgments in civil matters of 17 November 1967, and supplementary convention between the Kingdom of the Netherlands and the United Kingdom of Great Britain and Northern Ireland on legal proceedings of the same date were automatically revived due to Brexit. Dutch case law currently does not provide a solid answer to that question. Article 55 of the Brussels Treaty of 27 September 1968 includes a list of treaties that were replaced with the Brussels Treaty. The list includes the aforementioned bilateral treaty of 17 November 1967, but not the supplementary convention. Lower Dutch case law identifies the latter, which therefore remained in place, but the question of whether the bilateral treaty was automatically revived due to Brexit remains unanswered in Dutch case law. It seems most Dutch judges are ultimately of that view that a British judgment can always be enforced in the Netherlands based on Article 431, Section 2 of the Dutch civil procedural code.

This means that a case on its merits must be reassessed by the Dutch court. In principle such reassessment will not result in a completely new proceeding on the merits as long as the British judgment was made by a competent judge in a procedure surrounded by sufficient safeguards and is not contrary to Dutch public order.