Several years ago, we started a series of jurisdiction-specific posts outlining the Hague Service Convention and options for serving in each place. How to Serve Process in the Netherlands was first published in 2017 and has been periodically updated since– including some of my favorite travel pictures from my various adventures I’ve had ever since. That post lays out general information about the Convention, allowable means of service, and a short description of the benefits and drawbacks of each. Rather than make you read up on the whole thing, I want you to have my quick and to-the-point advice:
Just do it privately.
My rationale is very simple. Going this route works, it doesn’t take very long, and it doesn’t require a herculean effort on the part of plaintiff’s counsel. The act of service itself over there looks a whole lot like it does in New York or Chicago or San Francisco– albeit with the imprimatur of the Dutch crown laid onto it if you follow my suggestion. You just have to do it the right way, and that’s where it can be challenging.
Yes, mail service is valid, but I contend that it’s a bad idea.
Yes, you can Request (that’s capitalized intentionally) that service be directed by the District Public Prosecutor’s Office in Den Haag (the Dutch Hague Central Authority), but that takes a while– usually several weeks, if not months, until proof comes back. And at that, the Central Authority might assign the project to a random bailiff who cites a European Union regulation that allows a defendant to reject process that isn’t translated into Dutch. Problem there: that reg doesn’t apply to service of U.S. or Canadian process, but it means failure anyway.
But if you rely on the right bailiff (Gerechtsdeurwaarder), there’s no need for hand-wringing over strategy. Just make sure the proof is written up to reflect the proper Article of the Hague Service Convention.
So how do you go about it?
- You can do it yourself. Finding an English speaking bailiff is simple. Finding one who is cognizant of the applicable rules, well… I can’t advise you there.
- Or just let my people handle the whole thing for you. Our bailiffs know what’s what.
Good luck.