BWBV0004959
Geldig vanaf 11-06-1956
Artikel 9
Notawisseling tussen de Nederlandse en de Britse Regering inzake de uitoefening van rechten en verplichtingen welke ten aanzien van de in de Bondsrepubliek Duitsland gestationeerde Nederlandse militaire eenheden voortvloeien uit twee op 26 mei 1952 te Bonn gesloten en op 23 oktober 1954 te Parijs herziene Verdragen
1. Subject to the provisions of the present Convention and any other applicable agreement, German courts and authorities shall exercise jurisdiction over members of the Forces in non-criminal proceedings.
2. Unless proceedings in non-criminal matters are commenced on the application of a member of the Forces, the German courts and authorities will serve upon the member concerned the written documents or court order whereby the proceedings are commenced even if such service is not required by German law and regulations.
3. The German courts and authorities shall grant members of the Forces sufficient opportunity to safeguard their rights. If a member of the Forces is unable because of official duties or authorised absence to protect his interests in a non-criminal proceeding in which he is a participant, the German court or authority shall at his request suspend the proceeding until the elimination of the disability, but for not more than six months. The existence of the disability shall be established (glaubhaft machen) by the member of the Forces. A certificate of the ground and duration of the disability issued by the appropriate authorities of the Power concerned shall be given due weight by the court or authority. The proceeding need not be suspended if the interests of the member of the Forces can adequately be protected by a person authorised to represent him before a court or other representative entitled to safeguard his rights.
4. The members of the Forces shall enjoy the same rights as Germans in respect to the right to free judicial assistance (Armenrecht). They shall not be obligated to post security for costs of any kind in cases where Germans are free from such obligation. Certificates required to establish the right to free judicial assistance shall be issued by the appropriate consular authorities after they have made the necessary investigations.
2. Unless proceedings in non-criminal matters are commenced on the application of a member of the Forces, the German courts and authorities will serve upon the member concerned the written documents or court order whereby the proceedings are commenced even if such service is not required by German law and regulations.
3. The German courts and authorities shall grant members of the Forces sufficient opportunity to safeguard their rights. If a member of the Forces is unable because of official duties or authorised absence to protect his interests in a non-criminal proceeding in which he is a participant, the German court or authority shall at his request suspend the proceeding until the elimination of the disability, but for not more than six months. The existence of the disability shall be established (glaubhaft machen) by the member of the Forces. A certificate of the ground and duration of the disability issued by the appropriate authorities of the Power concerned shall be given due weight by the court or authority. The proceeding need not be suspended if the interests of the member of the Forces can adequately be protected by a person authorised to represent him before a court or other representative entitled to safeguard his rights.
4. The members of the Forces shall enjoy the same rights as Germans in respect to the right to free judicial assistance (Armenrecht). They shall not be obligated to post security for costs of any kind in cases where Germans are free from such obligation. Certificates required to establish the right to free judicial assistance shall be issued by the appropriate consular authorities after they have made the necessary investigations.
- Citeren als
- Art. 9
- Geldig vanaf
- Status
- Geldend recht
- Identificatie
- BWBV0004959
- Officiële bron
- wetten.overheid.nl