P. Vlas

In Memoriam Professor Hans Verheul (1928-2011)

On 14 November 2011 professor Johannes (‘Hans’) P. Verheul passed away at the age of 83 at his home in Voorburg (The Netherlands). Hans Verheul was member of the Board of Editors of the NILR from 1969 to 1990.

Civil Jurisdiction and Enforcement of Judgments in Europe

Since 1 March 2002 the EC Regulation No. 44/2001 on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters (hereinafter referred to as the ‘Brussels I’ Regulation) operates in legal practice. On 1 May 2004 the new EU Member States had to accept the ‘Brussels I’ Regulation as acquis communautaire.1 The Regulation is now in force in all EU Member States, with the exception of Denmark. As mentioned in the previous survey, it is the intention to conclude eventually a convention with Denmark in which the solutions reached under the ‘Brussels I’ Regulation will be laid down. Then the necessary unity in the application of the rules of jurisdiction and of recognition and enforcement will be restored again. According to Article 68 EC the EC Court of Justice can give preliminary rulings on the interpretation of the ‘Brussels I’ Regulation. Although the first questions are put before the ECJ,2 there is no decision as yet in which the ‘Brussels I’ Regulation has been interpreted. In one decision regarding the interpretation of Article 5(3) Brussels Convention concerning the forum delicti, the ECJ referred to the solutions reached under the same provision in the ‘Brussels I’ Regulation. The Court decided that Article 5(3) Brussels Convention could also be used in case the harmful event might occur.3 The recognition and enforcement of foreign judgments within the European Union is simplified by the introduction of the European Enforcement Order for uncontested claims (Regulation No. 805/2004), which will be applicable as from 21 October 2005. This Regulation abolishes the exequatur for judgments

The Principle of Fair Trial in International Civil Litigation

In Dutch legal literature Van Boneval Faure was the first scholar to give an enumeration of the principles of civil litigation. He discerned seven principles: the public nature of civil litigation, passiveness of the judiciary, the hearing of both sides ( audi et alteram partem ), inquiry in two instances, supervision through appeal in cassation, mandatory representation at law and, finally, the absence of cost-free litigation.