Dutch Supreme Court rules that property of foreign states is presumed to be immune from attachments and execution (Dutch Supreme Court, 30 September 2016, ECLI:NL:HR:2016:2236). Prejudicial question (prejudiciële vraag) on the scope of state immunity in cases of attachments and execution regarding state property.
According to the Dutch Supreme Court, attachments cannot be levied against property of a foreign state unless it is established that the property is in use or intended for non-governmental purposes. It is up to the claimant to state and prove that attachments can be levied against the property of a foreign state. This applies to prejudgment attachments (conservatoir beslag) … Read more