Last month a new version of the so-called Beslagsyllbus has been published. The Beslagsyllabus contains policy of the Dutch Courts and best practices regarding prejudment attachments of assets, including for instance freezing bank accounts and arresting vessels. This new version is of relevance for the international arrest practice. There is an amendment in respect of potential possibilities to seize assets located anywhere in the European Union via the Dutch Courts.
Starting point was and is that only leave for arrest can be granted in respect of assets which are located in the Netherlands. Whether creditor and/or debtor have offices in the Netherlands, is not relevant.
The new Beslagsyllabus now mentions that the Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (Brussels I recast) makes it easier to arrest assets in the EU, which is anyhow the case if the Dutch court has jurisdiction as to the substance of the case. Does this mean that it will become common practice that a creditor may request the Dutch Courts to grant leave for the arrest of assets (including vessels) which are located outside the Netherlands but within the European Union? Time will tell!