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A European order for payment in the Netherlands lets a creditor from another EU Member State recover an uncontested money claim from a Dutch company without a full lawsuit. You apply to the District Court of The Hague on form A. Without opposition within 30 days, the order becomes enforceable. Read when to apply, what the court checks and what follows opposition.
What is a European order for payment?
A European order for payment is a court order to pay a money claim in a cross-border case. The procedure is written, uses standard forms and has no hearing. Once enforceable, the order is recognised in the other Member States without further proceedings.
Regulation (EC) No 1896/2006 lays down the procedure and has applied since 12 December 2008 (Article 33). Under Article 1, its purpose is to make litigation over uncontested money claims in cross-border cases simpler, faster and cheaper. The Netherlands implemented it in the Dutch Implementation Act on the European order for payment procedure (Uitvoeringswet verordening Europese betalingsbevelprocedure).
When can you apply for a European order for payment?
You can apply for a money claim of a specific amount that has fallen due, in a civil or commercial matter. The case must be cross-border, and the procedure is available in every EU Member State except Denmark.
Article 4 requires a pecuniary claim for a specific amount that is due when you file the application. The Regulation sets no maximum amount. A case is cross-border if at least one party is domiciled or habitually resident in a Member State other than that of the court (Article 3(1)). What counts is the time of filing (Article 3(3)). Denmark is not a Member State for this purpose (Article 2(3)).
The Regulation does not cover bankruptcy, insolvency proceedings or social security. Nor does it cover non-contractual claims, unless the parties agreed on them or the debtor admitted the debt (Article 2(2)). If your Dutch customer is already insolvent, read about filing for bankruptcy in the Netherlands instead. For debtors outside the EU, see our page on cross-border debt recovery under Dutch law.
Which Dutch court handles a European order for payment?
If you apply in the Netherlands, only the District Court of The Hague (rechtbank Den Haag) deals with it. Any other Dutch court must declare itself incompetent of its own motion and refer the case to The Hague.
That follows from Article 2 of the Dutch Implementation Act. The EU rules on jurisdiction in civil and commercial matters decide which country’s courts have jurisdiction in the first place (Article 6(1) of the Regulation). As a general rule, you sue a company domiciled in the Netherlands before the Dutch courts (Article 4 Brussels I bis Regulation). If the debtor is a consumer, only the courts of the consumer’s domicile have jurisdiction (Article 6(2)).
Example: a German manufacturer of packaging machines supplies a Dutch private limited company (bv). The bv leaves two invoices unpaid but has never disputed the delivery. The manufacturer applies to the District Court of The Hague for a European order for payment covering the principal, the contractual interest and costs. The bv does not respond within 30 days. The court declares the order enforceable, and a Dutch bailiff can then attach the bv’s bank account.
What must form A contain?
Form A asks for the details of the parties and the court, the amount claimed with interest and costs, the cause of action, a description of the evidence, the grounds for jurisdiction and the cross-border nature of the case.
Article 7(2) lists these requirements. If you claim interest, state the rate and the period (point (c)). You declare that the information is true to the best of your knowledge (Article 7(3)). In an appendix you can choose what should happen if the debtor opposes, or state that you want the proceedings to end in that case (Article 7(4)). You describe the evidence rather than attach it, so have invoices, order confirmations and correspondence ready before you start.
How does the court examine the application?
The court looks only at the form. It checks whether the Regulation applies, whether the case is cross-border, whether the claim is due and whether it appears to be founded. There is no taking of evidence, and the check may be automated.
This follows from Article 8. If something is missing, the court lets you complete or rectify the application using form B (Article 9). If only part of the claim qualifies, it proposes an order for that part using form C (Article 10). There is no appeal against a rejection on form D, but you may file a new application or start other proceedings (Article 11). Keep an eye on the limitation period under Dutch law in the meantime.
Is a Dutch customer refusing to pay your invoices? MAAK Advocaten can assess whether your claim fits the European order for payment procedure and prepare the application with you. Have your claim against a Dutch debtor assessed.
How long does it take to issue the order?
The court issues the order as soon as possible and normally within 30 days of the application being lodged. Any time you need to complete, rectify or modify the application does not count towards that period.
The time limit is in Article 12(1), and the order is issued on form E. The court arranges service on the debtor (Article 12(5)). In the Netherlands, service takes place by registered post with acknowledgement of receipt or by bailiff’s writ (Article 5 Implementation Act).
What happens if the Dutch debtor files a statement of opposition?
The debtor can oppose within 30 days of service on form F without giving reasons. The case then continues as ordinary proceedings before the courts of the Member State of origin, unless you asked for the proceedings to end in that event.
Article 16 sets the time limit and the form. Under Article 17(1), the case continues under the European Small Claims Procedure, if it applies, or under national civil procedure. If you made no choice, national procedure applies (Article 17(2)).
For an order issued in the Netherlands, the District Court of The Hague appoints the court that will hear the case. It also decides whether it continues as a writ procedure or an application procedure (Article 6(1) and (2) Implementation Act). The case is pending from the day you applied for the order (Article 6(2)). In a writ procedure, it goes on the cause list without a new writ of summons (Article 6(3)).
From then on, the ordinary Dutch rules on evidence and representation apply. Before the cantonal judge, parties may act in person; in other District Court cases, only through an advocaat (Article 79 Dutch Code of Civil Procedure). MAAK Advocaten litigates at first instance and on appeal.
How is the order enforced in the Netherlands?
Without opposition, the court declares the order enforceable on form G without delay. The other Member States then recognise and enforce it without a declaration of enforceability and without any possibility of opposing its recognition.
That is the effect of Article 18(1) and Article 19. Enforcement follows the law of the Member State where you enforce (Article 21(1)). You provide a copy of the enforceable order and, where necessary, a translation (Article 21(2)). Nobody may require security from you because you are foreign or not resident there (Article 21(3)).
In the Netherlands, the declaration of enforceability and the order together form an enforceable title (Article 7 Implementation Act). You enforce an order declared enforceable in another Member State here in the same way as a Dutch enforceable copy of a judgment. It must be in Dutch or translated into Dutch (Article 8). A bailiff can then levy garnishment in the Netherlands, for example on a bank account.
Can the debtor ask for a review after the deadline?
Only in exceptional cases: if service came too late through no fault of the debtor, in case of force majeure, or if the order was clearly issued wrongly. For late service or force majeure, the debtor must act promptly.
The grounds are in Article 20(1) and (2). If the review is justified, the order becomes null and void (Article 20(3)). For an order issued in the Netherlands, the debtor has four weeks (Article 9(2) Implementation Act). Pending the review, the court in the country of enforcement may limit enforcement to protective measures, require security or stay it (Article 23).
What does a European order for payment cost in the Netherlands?
An application to the District Court of The Hague attracts a court fee under the Dutch Court Fees Act (Wet griffierechten burgerlijke zaken). Where the amount claimed is no more than €25,000, the cantonal court fees apply. The debtor pays no court fee for a statement of opposition.
Article 11 of the Implementation Act sets this out, referring to the €25,000 cantonal limit in Article 93(a) of the Dutch Code of Civil Procedure. Under the fee table in force from 1 January 2026, a legal entity pays between €139 and €1,504 in cantonal cases, depending on the amount claimed. If the debtor appears in the follow-up proceedings, it pays a court fee there (Article 11(3)).
Order for payment, small claims or Dutch proceedings: which should you choose?
The order for payment suits a claim the debtor is unlikely to dispute. If you expect a defence on the merits, the European Small Claims Procedure or ordinary Dutch proceedings are often more logical, because the court then decides the dispute directly.
| Topic | European order for payment (Reg. 1896/2006) | Small claims (Reg. 861/2007) | Dutch writ proceedings |
|---|---|---|---|
| Amount | No maximum in the Regulation (Art. 4) | Up to €5,000, excluding interest, expenses and disbursements (Art. 2(1)) | Cantonal judge up to €25,000, otherwise District Court (Art. 93 DCCP) |
| Cross-border case required | Yes (Art. 3) | Yes (Art. 3) | No |
| Disputed claim | Opposition leads to follow-up proceedings (Art. 17) | Court decides in a written procedure (Art. 5(1)) | Court decides after a defence |
| Lawyer mandatory | No, for the application and opposition (Art. 24) | No (Art. 10) | Not before the cantonal judge, otherwise yes (Art. 79 DCCP) |
| Enforceable in other Member States without a declaration of enforceability | Yes (Art. 19) | Yes (Art. 20(1)) | Not governed by these two Regulations |
How do you apply for a European order for payment in the Netherlands?
First confirm that the case is cross-border and the claim is due, then establish jurisdiction and complete form A. The court’s check, the order, the 30-day opposition period and the declaration of enforceability follow.
- Check that the claim is due, for a specific amount, and that at least one party is in another Member State other than Denmark (Articles 2 to 4).
- Establish which country’s courts have jurisdiction. If it is the Netherlands, file with the District Court of The Hague (Article 2 Implementation Act).
- Complete form A in full and use the appendix to choose what happens after opposition (Article 7).
- Reply within the time limit set to form B or form C (Articles 9 and 10).
- The court issues the order on form E and arranges service (Article 12).
- The debtor has 30 days from service to oppose (Article 16(2)).
- Without opposition, the court declares the order enforceable on form G (Article 18); with opposition, the case continues as ordinary proceedings (Article 17).
- Have the enforceable order enforced where the debtor holds assets (Article 21).
Unsure whether your claim is uncontested enough, or has your Dutch debtor filed a statement of opposition? MAAK Advocaten can prepare your application and assist you in the Dutch proceedings that follow opposition, at first instance and on appeal. Discuss your order for payment or the proceedings after opposition. For other routes, see our overview of debt collection in the Netherlands and pre-judgment attachments under Dutch law.
Frequently asked questions about the European order for payment in the Netherlands
Does the Dutch debtor have to give reasons for opposing?
No. The debtor only states that it contests the claim, without having to specify why (Article 16(3)). Even a weak defence therefore moves the case into ordinary proceedings. If you expect your customer to dispute the claim, consider whether issuing proceedings directly would be faster.
Can I claim interest and costs?
Yes. The application states the principal and, where applicable, interest, contractual penalties and costs (Article 7(2)(b)). If you claim interest, state the rate and period, unless statutory interest is automatically added to the principal under the law of the Member State of origin (Article 7(2)(c)).
Is there a maximum amount for a European order for payment?
No. The Regulation requires a due money claim for a specific amount, with no upper limit (Article 4). The €5,000 limit you may come across belongs to the European Small Claims Procedure (Article 2(1) Regulation 861/2007). In the Netherlands, the amount does determine the court fee.
Do I need a Dutch lawyer to apply?
No. Representation by a lawyer is not mandatory for the application or for the statement of opposition (Article 24). After opposition, the case may continue before a Dutch District Court outside the cantonal sector. You then need an advocaat for those proceedings (Article 79(2) Dutch Code of Civil Procedure).
