A foreign judgment is not automatically enforceable in the Netherlands. The procedure you follow depends on the country where the judgment was rendered, the type of judgment, and applicable treaties. In our practice, we regularly assist foreign parties who wish to enforce a judgment in the Netherlands. Within the EU, this is straightforward; outside the EU, more legal work is involved — often a new Dutch procedure under Article 431 of the Dutch Code of Civil Procedure.
What is the legal issue?
A foreign judgment must be recognized in the Netherlands before enforcement is possible. Different rules apply depending on the country of origin: EU judgments via Brussels I-bis are enforceable almost automatically, while the Hague Judgment Convention applies to contracting states, bilateral treaties, or national procedural law. The Dutch court may refuse recognition in the event of a conflict with public order or due process.
What does the law say?
Brussels I-bis (Regulation 1215/2012) has governed EU judgments without exequatur since 2015. The Hague Judgment Convention 2019 has been in force for the Netherlands since September 2023. For countries outside treaty areas, Article 431 of the Dutch Code of Civil Procedure applies: the judgment has no enforceable force but can be used as evidence in new Dutch proceedings. For arbitral awards, Article 1075 of the Dutch Code of Civil Procedure (Rv) and the 1958 New York Convention apply.
Specific grounds for refusal apply to annulment by a Dutch court under Article 45 of Brussels I-bis (conflict with public order, due process, incompatibility).
What risks do companies face?
Non-EU awards often require new Dutch proceedings under Article 431 Rv. Opposition by the opposing party delays execution. Incorrectly certified awards are not accepted. Translation costs increase for extensive rulings. Statute of limitations on the award (ten to twenty years in many countries) can make execution impossible. Strategic errors in the choice of procedure lead to a loss of time and costs.
Practical example from our practice
We represented a German company with an award against a Dutch customer. Via Brussels I-bis, the client obtained execution within three weeks via a Dutch bailiff. For a similar American judgment against a Dutch party, we initiated new Dutch proceedings under Article 431 of the Dutch Code of Civil Procedure (Rv) using the American judgment as evidence. Duration: approximately 14 months. For future clients, we advised arbitration instead of an American court — enforceability under the New York Convention was decisive.
What can you do?
Align your dispute resolution route with the expected place of enforcement. For enforcement in the Netherlands: preferably choose an EU court or arbitration under NYC. Arrange for an apostille and authorized translation in a timely manner. Collaborate with Dutch lawyers and bailiffs. Strictly assess the statute of limitations. Document your judgment carefully. See also our article on Executing a Dutch judgment abroad.