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The European Small Claims Procedure lets you claim up to €5,000 from a debtor in the Netherlands through a written procedure before the Dutch cantonal judge (kantonrechter). It uses standard EU forms, and a lawyer is not mandatory. This page is for foreign businesses with an unpaid invoice. It explains how to claim, what the cost depends on, how enforcement works and when to instruct a Dutch lawyer.
What is the European Small Claims Procedure?
The European Small Claims Procedure is an EU court procedure for cross-border civil and commercial claims of up to €5,000. A court decides on standard forms and written evidence. You can enforce the judgment in other Member States without extra steps.
Regulation (EC) No 861/2007 governs the procedure, as amended by Regulation (EU) 2015/2421 and Regulation (EU) 2023/2844. The €5,000 limit has applied since 14 July 2017. In the Netherlands, an implementing act fills in the national details, such as the competent judge and the court fee. Its Dutch title is Uitvoeringswet verordening Europese procedure voor geringe vorderingen (BWBR0025914).
Unlike the European order for payment in the Netherlands, the small claims route also works when the debtor disputes the invoice. The court hears both sides in writing and gives a judgment on the merits. It is an alternative to ordinary debt collection in the Netherlands through the national courts.
Which claims qualify for the European Small Claims Procedure?
A claim qualifies if it is a civil or commercial matter, the value does not exceed €5,000 and the case is cross-border. Interest, expenses and disbursements are not counted towards the limit. Several subject areas are excluded altogether.
Article 2(1) of the Regulation sets the limit at €5,000 at the time the competent court receives the claim form. Revenue, customs and administrative matters fall outside the scope. So does the liability of the State for acts in the exercise of State authority.
When is a case cross-border?
A case is cross-border when at least one party is domiciled or habitually resident in a Member State other than that of the court (Article 3(1)). A German supplier suing a Dutch company in a Dutch court meets that test. For a company, domicile means its statutory seat, central administration or principal place of business (Article 63 of Regulation (EU) No 1215/2012).
Which matters are excluded?
Article 2(2) excludes, among others, the following matters:
- bankruptcy, the winding-up of insolvent companies and similar proceedings;
- employment law and social security;
- arbitration;
- tenancies of immovable property, except actions on monetary claims;
- family matters, wills and succession, and violations of privacy, including defamation.
If your Dutch customer is bankrupt, take advice before you file anything. Claims against a bankrupt debtor follow their own rules. See bankruptcy proceedings in the Netherlands.
Does the procedure apply to Denmark?
No. Denmark is not bound by Regulation 861/2007 or by its 2015 amendment. A Danish creditor therefore cannot use this procedure against a Dutch debtor.
How do you start a small claim against a Dutch debtor?
You start by filling in standard claim Form A and lodging it with the competent court. Add a description of your evidence and copies of supporting documents. In the Netherlands, the cantonal judge hears and decides European small claims.
Annex I to the Regulation contains Form A (Article 4(1)). Article 2(1) of the Dutch implementing act assigns these cases to the cantonal judge (kantonrechter). The form must be in the language of the court, which for a Dutch court means Dutch (Article 6(1)).
Can you sue in the Netherlands at all?
The Regulation does not create its own jurisdiction rules. Jurisdiction follows from Regulation (EU) No 1215/2012. Under Article 4(1), a company domiciled in the Netherlands can be sued in the Dutch courts. For a contract, Article 7(1) also allows the court for the place where the goods were delivered or the services were provided. Which Dutch district court (rechtbank) hears the case depends on the facts.
Not sure whether your invoice fits the procedure or which court to address? Ask us to check your claim against a Dutch customer before you send Form A.
How long does the written procedure take?
The Regulation sets time limits for the court and the debtor. The debtor has 30 days to respond. The court must then give judgment or take a further step within 30 days. How long the whole case takes depends on service and the court’s workload.
The time limits in Articles 5 and 7 of Regulation 861/2007 are as follows:
| Step | Time limit | Provision |
|---|---|---|
| Court sends Form A and answer Form C to the debtor | within 14 days of receiving the properly completed claim form | Art. 5(2) |
| Debtor responds on Form C | within 30 days of service | Art. 5(3) |
| Court sends the response to you | within 14 days of receipt | Art. 5(4) |
| Court gives judgment, asks for details, takes evidence or summons the parties | within 30 days of receiving the response | Art. 7(1) |
| Further details from the parties | a period set by the court, not exceeding 30 days | Art. 7(1)(a) |
| Judgment after an oral hearing | within 30 days of the hearing | Art. 7(2) |
The procedure is written. The court only holds an oral hearing if it cannot decide on the written evidence or if a party asks for one. A refusal needs written reasons (Article 5(1a)). A hearing is held by videoconference or similar technology where available (Article 8). The court may extend some time limits, but only in exceptional circumstances (Article 14(2)).
Do you need a lawyer, and what does a small claim cost?
You do not need a lawyer: representation is not mandatory under the Regulation. The main cost is the Dutch court fee. It depends on the amount claimed and on whether the claimant is a company or a natural person.
Article 10 of Regulation 861/2007 states that representation by a lawyer is not mandatory. Member States must also offer free practical help with the forms (Article 11). Under Article 3 of the Dutch implementing act, the Court Fees Act (Wet griffierechten burgerlijke zaken) applies. As of October 2026, its annex (in force from 1 January 2026) sets these cantonal fees for companies and other legal persons:
| Amount claimed | Court fee, legal persons (2026) |
|---|---|
| Up to €500, or undetermined value | €139 |
| More than €500, up to €1,500 | €350 |
| More than €1,500, up to €2,500 | €397 |
| More than €2,500, up to €5,000 | €529 |
The fees can change, so check the current annex on wetten.overheid.nl before you file. The Regulation itself requires that court fees are not disproportionate and not higher than for national simplified procedures (Article 15a(1)).
Your other costs depend on translations, service and any help you hire. The unsuccessful party bears the costs of the proceedings, but not costs that were unnecessary or disproportionate (Article 16). In a Dutch case the cost order follows Articles 238, 241, 242 and 244 of the Dutch Code of Civil Procedure. Pre-trial collection costs are a separate question; see collection costs in the Netherlands.
How is a small claims judgment enforced in the Netherlands?
A small claims judgment is enforceable even if an appeal is possible, and you do not need to provide security. A Dutch bailiff can enforce a judgment from another Member State without a declaration of enforceability (exequatur).
Article 15(1) of the Regulation makes the judgment enforceable notwithstanding any appeal. Article 20(1) removes the exequatur step between Member States. On request, the court issues a certificate on Form D at no extra cost (Article 20(2)). To enforce, you produce a copy of the judgment and that certificate, translated where needed (Article 21(2)). You do not need an authorised representative or a postal address in the country of enforcement (Article 21(3)).
In the Netherlands, a bailiff (gerechtsdeurwaarder) enforces the copy of a foreign small claims judgment together with the Form D certificate. Together they work like a Dutch enforceable copy (grosse). The certificate must be in Dutch or translated into Dutch (Article 7 of the implementing act). Dutch law governs the enforcement itself, such as attaching a bank account (Article 21(1) of the Regulation). Read how this works in enforcement of a judgment in the Netherlands.
Small claims, European order for payment or Dutch cantonal court: which route fits?
Use the small claims procedure for a cross-border claim up to €5,000 that the debtor may dispute. Choose the European order for payment for an uncontested claim of any amount. The Dutch cantonal court suits claims up to €25,000 and cases that are not cross-border.
The figures come from Article 2(1) of Regulation 861/2007 and Article 4 of Regulation (EC) No 1896/2006. The cantonal limit is in Article 93 of the Dutch Code of Civil Procedure (version in force from 14 July 2026).
| European Small Claims Procedure | European order for payment | Dutch cantonal court (national) | |
|---|---|---|---|
| Amount | Up to €5,000, excluding interest and costs | No maximum | Up to €25,000, including interest until the date of the summons |
| Cross-border required | Yes | Yes | No |
| If the debtor disputes the claim | The court decides on the merits | Opposition within 30 days ends the order route; the case continues in ordinary proceedings | The court decides after the defence |
| Dutch court | Cantonal judge | District Court of The Hague only | Cantonal judge |
| How it starts | Claim Form A | Application Form A under Regulation 1896/2006 | Writ of summons (dagvaarding) served by a bailiff |
| Lawyer mandatory | No (Art. 10) | No, for the application (Art. 24) | No, parties may act in person (Art. 79 Rv) |
If you expect no defence, the order for payment asks the least of you. If a defence is likely, the small claims procedure avoids the second round that an opposition triggers. Above €5,000 you need one of the other routes. If you also want a prejudgment attachment to secure assets first, discuss the order of steps with a Dutch lawyer before you file. Compare the routes in how an international debt collection procedure works in the Netherlands.
How do you prepare a small claim against a Dutch customer?
Prepare the claim before you fill in Form A. Check the amount and scope, confirm that a Dutch court has jurisdiction, and collect evidence the court can read without a hearing. Then file, follow the time limits and enforce.
- Send a final reminder or demand letter under Dutch law, so the debtor has had a last chance to pay.
- Check that the principal claim does not exceed €5,000, leaving out interest and costs, and that the matter is not excluded by Article 2(2).
- Check the debtor’s registered seat in the Dutch Business Register (KvK) and confirm that the debtor is not bankrupt.
- Gather the contract, delivery notes, invoices and correspondence, and describe this evidence on the form.
- Complete Form A in Dutch, state the interest you claim, and lodge it with the cantonal judge of the competent district court.
- Pay the court fee and answer any Form B request for more information within the period the court sets.
- After judgment, ask for the Form D certificate if you need to enforce outside the Netherlands, or instruct a bailiff to enforce in the Netherlands.
Example: a German manufacturer delivers machine parts to a distributor in Rotterdam and invoices €4,200. The distributor does not pay and claims that some parts were defective. The principal amount is below €5,000, so interest does not push the claim over the limit. The case is cross-border, and with a defence likely, an order for payment would probably end in opposition. The small claims procedure lets the cantonal judge decide the quality dispute on the documents. How the judge rules depends entirely on the evidence each side files.
Is your Dutch customer disputing an invoice, or are you unsure which route gives you an enforceable judgment? Contact MAAK Advocaten about your unpaid invoice in the Netherlands. We assess the claim, prepare the forms with you and arrange enforcement through a bailiff.
Frequently asked questions about the European Small Claims Procedure
Is interest included in the €5,000 limit?
No. Article 2(1) of Regulation 861/2007 excludes all interest, expenses and disbursements when the value of the claim is assessed. A principal claim of €5,000 with interest on top therefore still qualifies, and you can claim the interest on Form A.
What happens if the debtor does not respond?
The debtor has 30 days from service to return answer Form C. If no answer reaches the court in time, the court gives a judgment on the claim (Article 7(3)). That judgment is enforceable notwithstanding any appeal. A debtor who did not appear can only ask for a review on the limited grounds in Article 18.
Can I appeal a Dutch small claims judgment?
The Dutch implementing act opens an appeal under the ordinary rules of the Dutch Code of Civil Procedure. You must lodge it within thirty days from the date of the decision (Article 2(2)). Whether an appeal is admissible in your case also depends on those ordinary rules. MAAK Advocaten handles cases at first instance and on appeal.
Do I have to come to the Netherlands for a hearing?
Not as a rule. The procedure is written. The court only holds a hearing if it cannot decide on the documents or a party asks for one. If a hearing is needed, Article 8 requires the court to use videoconference or similar technology where it is available, unless that is inappropriate for a fair hearing.
