Litigation

Litigation is one of the “core businesses” of Rechta Advocatuur. Rechta can assist clients with domestic and international litigation. To summon someone before a Dutch Court is a possibility if other ways for solving the issue are exhausted. Effectiveness and efficiency are keywords for Rechta Advocatuur. If necessary sequestration measures can be made. This means that the Court will give the permission to seize assets, untill the final court decision has been made.

Legal efficient enforcements to collect unpaid invoices are more and more facilitated. For instance, The Amsterdam District Court has a very efficient method to quickly get a court decision for collecting uncontested unpaid invoices.

Furthermore, the European payment Order (Council regulation EC No. 44/2001) entered into force in 2008, simplifies collection of unpaid and uncontested invoices within all countries of the European Union (except Denmark).

Since January 2015 the existing so called Brussel-I order has been simplified. Based upon the Council regulation EC No. 1215/2012 no leave to the other memberstate to enforce is required. A court decision made in memberstate A is automatically executable in memberstate B. The only requirement is that the court decision is translated in the language of meberstate B, or a language the person to whom it concerns understands.

A court decision made by a court of a non EU member state (third country) will not be automatically recognised in the Netherlands unless a treaty on recognition or enforcement is applicable. However, if a person has obtained from a foreign court a final court decision for the payment of money that is enforceable in that jurisdiction, and if that person files the claim (officially translated into Dutch) with a court in the Netherlands, the Dutch court will generally recognise the foreign judgment if the court finds that the jurisdiction of the foreign court is based on grounds that are internationally acceptable (a democracy with devision of the powers),  the appropriate procedures have been followed and the decision has been made on articles who are similar or compatible with articles of the Dutch Civil Code as well. In this event, the Dutch court will render a similar decision to that of the foreign court. This Dutch decision  will be enforceable in the Netherlands.

Netherlands Commercial Court (NCC)

The Netherlands Commercial Court (NCC) is a specialised court designed to meet the growing need for efficient dispute resolution of civil or commercial matters with an international aspect. Based in Amsterdam, the NCC operates under Dutch procedural law, which is highly regarded for its pragmatism and efficiency, while the working language of the NCC is English.The establishment of the NCC is well under way. It is expected to launch mid 2018. The NCC is part of the Dutch court system, which has an excellent reputation as one of the most efficient court systems in the world. In the annual Rule of Law Index the Netherlands tops the charts in reliability and transparency in civil justice. The NCC distinguishes itself by its pragmatic approach and active case management. This allows the NCC to handle complex matters within short timeframes on the basis of fixed fees.