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Menten v. Federal Republic of Germany
Published online by Cambridge University Press: 01 January 2021
Abstract
Claims — Enforcement of claims in foreign courts — Fraudulent claim for compensation by war criminal — Dutch national awarded compensation by Federal Republic of Germany for misappropriation of property during Second World War — Dutch national subsequently discovered to be war criminal — Decision by German court entitling Federal Republic to reclaim compensation paid — Whether claim enforceable in the Netherlands
Relationship of international law and municipal law — Recognition and enforcement of foreign judgments — Award made by court of Federal Republic of Germany — Enforcement of award in Dutch municipal courts — Whether enforcement governed by EEC Convention on the Enforcement of Judgments, 1968, or the Netherlands-Federal Republic of Germany Enforcement Treaty, 1962
Treaties — Interpretation by municipal courts — Reference to decisions of the Court of Justice of the European Community — EEC Convention on Enforcement of Judgments, 1968 — The law of the Netherlands
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- © Cambridge University Press 1995