PIL instrument(s)
European Enforcement Order (EEO)
Case number and/or case name
200.226.518/01
ECLI
ECLI:NL:GHARL:2018:476
Publication in law review
NJF 2018/113
Link to original version
Details of the court
Netherlands, Second Instance
Articles referred to by the court
European Enforcement Order (EEO)
Article 2
Paragraph 1
Paragraph 2 SubParagraph a
Paragraph 2 SubParagraph b
Paragraph 2 SubParagraph c
Paragraph 2 SubParagraph d
Paragraph 3
Article 3
Paragraph 1
Paragraph 1 SubParagraph a
Paragraph 1 SubParagraph b
Paragraph 1 SubParagraph c
Paragraph 1 SubParagraph d
Paragraph 2
Date of the judgement
16 January 2018
Appeal history
None

C/17/155988/KG RK 17-228, Noord-Nederland Court (Leeuwarden)
CJEU's case law cited by the court
None
Summary
In appeal, ABN AMRO requests, in summary, (A) to annul the order of the preliminary relief judge and (B) the authentic deed dated 3 July 2006 with reference to mortgage 87.51.47.399, to be certified as a European Enforcement Order. The court considers that the (original) loan for which a mortgage has been issued and which is laid down in an authentic (mortgage) deed has not been disputed. To that extent the provisions of Article 3 of the EEO Regulation are met. Furthermore, even after execution, the mortgage deed will retain its executive power for the remaining debt (ECLI: NL: HR: 2013: BY4889), if the existing claim has been described with sufficient certainty. The mortgage deed complies with this requirement. The nature and scope of the residual debt (€ 85.823,19) can be determined in a manner that can be binding on the debtor. This leads to the opinion that also for the residual debt there is a claim that has been acknowledged by authentic deed. The authentic (mortgage) deed is therefore suitable for certification as a European enforcement order. The request is granted.

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