What is Creditor Default under Dutch law?

Published on 7 January 2026 · Last updated 28 October 2026

Creditor default under Dutch law (schuldeisersverzuim) occurs when the creditor prevents performance, for example by not accepting delivery, not giving the information or access the debtor needs, or not paying its own part when the debtor is entitled to suspend (Articles 6:58 and 6:59 Dutch Civil Code). The debtor then cannot be in default, keeps its claim and can recover the extra costs. If your customer blocks delivery, get advice on securing that position.

This page is for suppliers, manufacturers, contractors and service providers whose Dutch customer refuses to take delivery, keeps postponing, or does not provide the specifications, site access or approvals needed to perform. You will read when creditor default arises, what it means for deadlines, risk and costs, how to deposit the goods or money, and what you can do when the creditor stays passive. The mirror image, the debtor who fails to perform, is explained in our page on default under Dutch law.

When is a creditor in default under Dutch law?

When performance is prevented because the creditor does not give the cooperation that is necessary, or because another obstacle arises on its side, unless the cause cannot be attributed to the creditor (Article 6:58 Dutch Civil Code). No notice of default is required; the creditor is in default as soon as the obstacle prevents performance.

Typical examples in business are a buyer that does not collect goods on the agreed date, a client that does not deliver the drawings or data the contractor needs, a customer that refuses to let a technician on site, or a buyer that does not specify the size or model it ordered. The creditor is also in default if, due to circumstances attributable to it, it fails to perform its own obligation and the debtor lawfully suspends performance for that reason (Article 6:59).

Situation	Creditor default?
Buyer refuses to accept conforming goods	Yes (Article 6:58)
Client does not give site access or required information	Yes, if the cooperation is necessary for performance (Article 6:58)
Buyer does not pay an advance, and the seller suspends delivery	Yes (Article 6:59 with Article 6:262)
Buyer refuses goods that are defective	No: the debtor’s offer does not conform to the contract
Creditor cannot cooperate because of an event outside its control	No, if the cause cannot be attributed to it (Article 6:58)

What are the consequences of creditor default?

Creditor default ends any default of the debtor, and as long as the creditor is in default, the debtor cannot become in default (Article 6:61 Dutch Civil Code). The creditor also may not take enforcement measures during its default (Article 6:62).

Costs: the debtor is entitled, within the limits of reasonableness, to compensation of the costs of an offer, of depositing the performance, or of other measures caused by the default (Article 6:63).
Risk: if performance becomes impossible during the creditor’s default, this is not attributed to the debtor, unless the debtor fell short in the care that could be expected of it (Article 6:64).
Generic goods: once the debtor has identified specific goods for the creditor and told it so, it only needs to deliver those goods, although it may still deliver others (Article 6:65).
If several debtors are jointly and severally liable, the effects of the creditor’s default apply in respect of each of them (Article 6:72).

For a sale, the risk of the goods passes to the buyer from the moment it is in default with an act needed for delivery; for generic goods only once the seller has identified the goods and informed the buyer (Article 7:10(2) Dutch Civil Code).

How do you put a creditor in default in practice?

By offering performance that conforms to the contract, in the right place and at the right time, and documenting that the creditor did not cooperate. The burden of proving the creditor’s default lies with the debtor that relies on it.

Check that your own performance conforms: the right goods, the right quantity, on time and at the agreed place. An offer of non-conforming goods does not put the creditor in default.
Offer performance in writing and state what you need from the creditor (date, access, information, payment of an advance).
Set a short, reasonable date and say what you will do if the creditor does not cooperate: store the goods at its cost, deposit them, or ask the court for release.
Record the refusal or silence: e-mails, delivery notes, photographs, a report of a failed delivery.
Invoice the extra costs separately with a reference to Article 6:63.

Is a customer refusing delivery while your warehouse fills up? Have a Dutch contract lawyer draft the offer and cost notice, so that the creditor default is clearly established before the dispute escalates.

Can you deposit goods or money when the creditor refuses?

Yes. If the obligation is to pay money or deliver a thing, the debtor may deposit the performance for the creditor (Article 6:66 Dutch Civil Code). Money is deposited by consignment in accordance with the law; goods are given into custody of a professional storage company at the place of delivery (Article 6:67).

Deposited money stops bearing interest at the debtor’s expense (Article 6:68). During the deposit the creditor can only end its default by accepting what was deposited, and the debtor may take it back as long as the creditor has not accepted it (Article 6:69). The custodian only releases the goods to the creditor against payment of all storage costs (Article 6:70).

When can a debtor be released from its obligation?

If the creditor is in default, the court can, at the debtor’s request, release the debtor from its obligation, with or without conditions (Article 6:60 Dutch Civil Code). This is the route when depositing is impractical or when the creditor’s default continues indefinitely.

The court may attach conditions of its own choosing to the release (Article 6:60). In a mutual contract the debtor can also consider termination if the creditor’s conduct amounts to a failure to perform its own obligations (Article 6:265).

What special rules apply when a buyer does not take delivery?

Dutch sales law adds three rules. If the goods are perishable or storage would cause serious objections or unreasonable costs, the seller must have them sold in a suitable way (Article 7:32 with Article 7:30 Dutch Civil Code). If delivery on a particular day was essential and the buyer did not take delivery, that is a ground for termination (Article 7:33).

The seller may also terminate by written notice if the failure to take delivery gives it good reason to fear that the price will not be paid (Article 7:34). And if the buyer was entitled to specify the goods and is in default with that, the seller may specify them itself, taking account of the buyer’s known needs (Article 7:31).

How does the CISG deal with a buyer that does not take delivery?

Under the UN Sales Convention, the seller in possession of the goods must take reasonable steps to preserve them and may retain them until the buyer reimburses its reasonable expenses (Article 85 CISG).

After an unreasonable delay by the buyer, the seller may sell the goods by any appropriate means after giving reasonable notice; for goods that deteriorate quickly, it must take reasonable measures to sell them. It may keep the reasonable costs of preservation and sale out of the proceeds (Article 88 CISG). See the CISG in the Netherlands.

How does creditor default relate to suspension and retention?

They often occur together. A debtor may suspend performance if the other party does not perform its obligation (Article 6:262 Dutch Civil Code), and if it does so lawfully and the other party’s failure is attributable to it, the other party is in creditor default under Article 6:59.

That matters: once the creditor is in default, the debtor cannot be in default, so the creditor cannot claim late-performance damages or terminate on that basis. The suspension must, however, be proportionate. Read more on the right of suspension in the Netherlands and the right of retention under Dutch law.

Practical example: a buyer that keeps postponing collection

Suppose a Polish manufacturer of steel components sells 40 tonnes to a Dutch machine builder, to be collected at its plant, under a contract governed by Dutch law that excludes the CISG. On the agreed collection date the buyer asks for a two-week delay because its own project has slipped, and then asks for another delay. The goods take up space the manufacturer needs.

The manufacturer sets aside the 40 tonnes for this buyer, tells the buyer so and offers the goods in writing, sets a final collection date and announces storage at the buyer’s cost. When the buyer does not collect, it is in creditor default (Article 6:58): the manufacturer cannot be in default, the risk of the goods passes to the buyer under Article 7:10(2) because the goods were identified and the buyer was told, and the manufacturer charges the external storage costs under Article 6:63. Had the parties not excluded the CISG, which applies to a sale of goods between businesses in different Contracting States unless the parties exclude it (Articles 1(1)(a) and 6 CISG), Articles 85 and 88 CISG would have led to a similar result. Had the manufacturer simply waited without offering the goods and setting a date, it would have been much harder to prove when the buyer’s default began.

When should you involve a Dutch lawyer?

As soon as a customer refuses or postpones performance without a valid reason and costs start to accumulate, and before you decide to deposit, sell, or terminate. The order of the steps matters for who bears the risk and the costs.

MAAK Advocaten in Amsterdam advises foreign suppliers and contractors on Dutch counterparties that block performance, drafts the necessary notices and, where needed, asks the court for release or brings a claim. See also the sale of goods under Dutch law and claims for damages under Dutch law.

Frequently asked questions about creditor default under Dutch law

Does a creditor need to receive a notice of default before it is in default?

No. A creditor is in default when performance is prevented because it does not give the necessary cooperation or another obstacle arises on its side, unless the cause cannot be attributed to it (Article 6:58 Dutch Civil Code). A written offer is still the best evidence.

Can I be in default while my customer is in creditor default?

No. Creditor default ends the debtor’s default, and as long as it lasts the debtor cannot become in default (Article 6:61 Dutch Civil Code).

Who pays the storage costs if the buyer does not collect the goods?

The debtor is entitled, within the limits of reasonableness, to compensation of the costs caused by the creditor’s default, including the costs of depositing the goods (Article 6:63 Dutch Civil Code).

Can I sell goods that the buyer refuses to collect?

Under Dutch sales law the seller must have the goods sold if they are perishable or if storage would cause serious objections or unreasonable costs (Articles 7:30 and 7:32). Under the CISG, the seller may sell after an unreasonable delay and reasonable notice (Article 88 CISG).

Can the court release me from my obligation?

Yes. If the creditor is in default, the court can, on the debtor’s claim, release the debtor from its obligation, with or without conditions (Article 6:60 Dutch Civil Code).

Primary sources

Dutch statutes are only officially available in Dutch, on wetten.overheid.nl. Judgments can be found on rechtspraak.nl by their ECLI number. Legal position checked on 28 October 2026.