Treaty Series Recueil des Traites - United Nations Treaty Collection

170 United Nations - Treaty Series 1964
after issue of the enforcement order in the same way as domestic judgements, provided
that the debtor was domiciled or normally resident in the areas referred to in article 4
at the time when the proceedings were instituted against him. The same shall apply
with respect to judgements which are rendered and become final only after the entry
into force of this Treaty, provided that the proceedings were already pending before
a Netherlands court of first instance before the entry into force of this Treaty. The
foregoing shall be without prejudice to the terms of article 26.
2. Paragraph 1 shall apply mutatis mutandis to the enforcement of instruments
relating to claims under civil law which were drawn up in due form in the Netherlands
before the entry into force of this Treaty.
3. The clerk of the district court (Amtsgericht) within the jurisdiction of which
the relevant area referred to in article 4 is situated shall issue the enforcement order,
reading as follows: "The above copy is delivered to... for the purpose of enforcement
in the Federal Republic of Germany." Applications for issue of the enforcement order,
and rulings on objections relating to the substance of the claim to be enforced, shall
be within the jurisdiction of the court in the Federal Republic of Germany to whose
jurisdiction the debtor is subject under the terms of the German Code of Civil
Procedure, or the court before which a suit may be brought against the debtor under
article 23 of the German Code of Civil Procedure.
4. Where a civil action which was brought before a Netherlands court and in
which no enforceable judgement was obtained before the entry into force of this
Treaty is brought before a German court within a period of one year following the
entry into force of this Treaty, the period of prescription or limitation shall be deemed
to be suspended as from the date on which the action was brought before the Netherlands
court.
Article 31
1. German criminal law shall apply to offences which were committed in the
areas referred to in article 4 before the entry into force of this Treaty only where such
offences are punishable under German law as well as under Netherlands law. The
maximum penalty prescribed in the Netherlands for such offences may not be exceeded
by the German courts.
2. If, at the time of the entry into force of this Treaty, criminal proceedings
relating to a punishable offence referred to in paragraph 1 have been instituted by the
Netherlands authorities but have not yet been concluded, such proceedings may be
continued by the Netherlands authorities only if the accused:
(a) Is under detention in the Kingdom of the Netherlands at the time of the entry into
force of this Treaty;
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