Major legal questions answered in Amsterdam court
“Scythian gold”. / Photo: Wikipedia
The Court of Appeal in Amsterdam made a decision yesterday on the return of “Scythian gold” to Ukraine… However, according to the court’s statement, the parties can still challenge the verdict in another instance.
The press service of the Amsterdam Court of Appeal clarified several legal points in this case, reports UNN.
According to the Court of Appeal, an appeal to the Dutch Supreme Court must be filed within 3 months. In civil cases, a Dutch court decision can be enforced in the Netherlands after the bailiff has served the losing party with a specially certified copy of the decision. (Article 430 (3) Dutch Civil Procedure Code).
Typically in the country the limitation period for the execution of a (civil) judgment of twenty years(Article 3: 324 (1) Civil Code).
“According to the court, as a rule, the winning party, who has received a final judicial decision, takes the initiative. She can authorize a bailiff to do this (Article 434 of the Code of Civil Procedure).”, – answered in court the question of who is the executor of the court decision in this case.
What is known
- The Amsterdam Court of Appeal on October 26 ruled that the collection of “Scythian gold” should be transferred to Ukraine. The corresponding decision was announced by the presiding judge Paulina Hofmeier-Rütten. According to her, the disputed objects are part of the cultural heritage of Ukraine and should be transferred to the Ukrainian side.
- The President of Ukraine welcomed the court’s decision, noting that first “Scythian gold” will be returned, and then Crimea.
- The artifacts will be in the Netherlands for three months, during this period the parties can appeal the decision to the highest court. It may take another year after the appeal, after which the Supreme Court will make its decision.
- However, the Kremlin disagrees with the court’s decision and is about to file an appeal with the Supreme Court of the Netherlands in the near future.
- Besides, in Crimea got nervous after the return of “Scythian gold”… The self-proclaimed “head” of Crimea Sergei Aksyonov recorded a video commentary.