A litigation lawyer in the Netherlands represents you in civil and commercial disputes before Dutch courts. Outside the subdistrict court (kantonrechter), parties must in principle be represented by a Dutch lawyer (advocaat) (Article 79(2) Dutch Code of Civil Procedure, DCCP); a defendant in summary proceedings may appear in person (Article 255(1) DCCP). MAAK Advocaten in Amsterdam acts for foreign businesses.
Our Dutch lawyers are members of the Dutch Bar and act before the district courts and courts of appeal. Cassation proceedings in civil cases before the Supreme Court must be instituted by a lawyer specially registered as an advocaat bij de Hoge Raad (Article 407(1) and (3) DCCP). Below we explain how the Dutch court system works, what proceedings cost, how long they take and how a judgment is enforced.
What is civil litigation in the Netherlands?
Regarding civil litigation in the Netherlands and filing a claim in the Netherlands, civil cases can be heard in three instances:
In the Dutch court system, subdistrict courts, district courts, and Courts of Appeal decide on the facts and circumstances, while the Supreme Court (Hoge Raad) reviews judgments on points of law.
The Netherlands has eleven district courts (rechtbanken) (Article 1 Judicial Divisions Act). Within each district court, a single judge, the kantonrechter (subdistrict court), decides claims of up to €25,000, including interest accrued up to the date of the writ of summons, unless the legal title exceeds that amount and is disputed. Regardless of the amount, the kantonrechter also hears cases on employment, agency, lease, consumer sale and consumer credit agreements (Article 93 DCCP). Before the kantonrechter, parties may litigate in person (Article 79(1) DCCP), but legal advice before you start remains useful.
All other civil litigation matters in Holland, including commercial claims above €25,000, are heard by the civil section of the district court (rechtbank). Depending on the complexity of the case, a single judge or a panel of three judges decides. Here, parties must litigate through a lawyer (Article 79(2) DCCP). The main exception is summary proceedings, in which the defendant may also appear in person (Article 255(1) DCCP).
What counts as commercial litigation?
Commercial litigation in the Netherlands usually starts at a district court. There are eleven district courts: Amsterdam, The Hague (Den Haag), Gelderland, Limburg, Midden-Nederland, Noord-Holland, Noord-Nederland, Oost-Brabant, Overijssel, Rotterdam and Zeeland-West-Brabant (Article 1 Judicial Divisions Act). Which of them has jurisdiction depends on the rules on territorial jurisdiction and on any choice-of-court clause.
Within each district court, the subdistrict court (kantonrechter) deals with claims of up to €25,000 and with employment, lease, agency, consumer sale and consumer credit cases (Article 93 DCCP). A judgment can in principle be appealed, unless the claim did not exceed €1,750 or the law provides otherwise (Article 332(1) DCCP). The appeal must be lodged within three months of the date of the judgment; against a judgment in summary proceedings the period is four weeks (Article 339(1)-(2) DCCP). There are four courts of appeal: Amsterdam, Arnhem-Leeuwarden, The Hague and ‘s-Hertogenbosch (Article 2 Judicial Divisions Act).
What does a litigation lawyer in the Netherlands do?
Our litigation lawyers act for businesses and individuals, many of them based outside the Netherlands, in civil and commercial disputes before the Dutch courts. Typical matters are:
- contract disputes, unpaid invoices and claims for damages for breach of contract (see Dutch contract law);
- disputes between shareholders or directors, including proceedings before the Enterprise Chamber (see Dutch corporate law);
- liability claims, for example for an unlawful act (tort) or a defective product;
- urgent matters: summary proceedings (kort geding) and prejudgment attachment of assets;
- appeals, and the enforcement of Dutch and foreign judgments.
Not every dispute has to end in court. We first assess the claim, the evidence and the deadlines, and we often start with a demand letter or settlement negotiations. A settlement can be laid down in a settlement agreement (vaststellingsovereenkomst), by which the parties bind themselves to a determination of their legal position in order to end or prevent a dispute (Article 7:900 Dutch Civil Code, DCC). Once proceedings are pending, the judge can also explore a settlement at the oral hearing (Article 87(2)(c) DCCP).
When should you instruct a litigation lawyer in the Netherlands?
Preferably as soon as a dispute arises, because several deadlines are short. An appeal against a judgment must be lodged within three months, and within four weeks against a judgment in summary proceedings (Article 339 DCCP). Many contractual and damages claims become time-barred after five years (see the limitation periods below). And outside the subdistrict court, you cannot litigate without a Dutch lawyer (Article 79(2) DCCP).
When do you use interim relief proceedings?
A distinctive feature of the Dutch court system in civil matters, is the specific chamber of each district court for interim relief proceedings in the Netherlands (kort geding). These chambers are staffed by one single experienced judge.
Hearings on issues of interim relief require an urgency to decide upon the contentious issues and can take place at truly short notice – even within one day if the urgent character of the case requires so. Examples of proceedings under Dutch procedural law in which there may be a high degree of urgency are:
- proceedings on disputes on the transfer of shares in a company which, when executed, disadvantages a party, or
- cases in which the retransfer after ordinary proceedings is virtually impossible or difficult,
- cases concerning the transfer of parts of assets which, for example, disadvantages a creditor.
The judge in summary proceedings (voorzieningenrechter) can grant an immediate provisional measure in any urgent matter in which the interests of the parties require it (Article 254(1) DCCP). In cases that belong to the subdistrict court, the kantonrechter can also grant such measures (Article 254(5) DCCP). The decision is provisional and does not prejudice the proceedings on the merits (Article 257 DCCP). Even so, the judge can order a party to perform a contract or to refrain from certain conduct, and the judgment is usually declared provisionally enforceable. In practice, parties often accept the outcome without starting proceedings on the merits. An appeal must be lodged within four weeks (Article 339(2) DCCP).
How does a civil appeal work in the Netherlands?
Judgments of a district court or a subdistrict court can be appealed to a court of appeal (gerechtshof), unless the claim did not exceed €1,750 or the law provides otherwise (Article 332(1) DCCP). The appeal period is three months from the date of the judgment (Article 339(1) DCCP).
There are four courts of appeal in the Netherlands. Appeal proceedings are normally heard by three judges, and the parties must be represented by a lawyer (Article 79(2) DCCP). Our Dutch lawyers handle appeals in civil and commercial cases, for appellants and for respondents.
What does the Dutch Supreme Court decide?
The Supreme Court of the Netherlands (Hoge Raad) in The Hague hears appeals in cassation. It reviews decisions of lower courts on points of law only and is bound by the facts established in the contested decision (Article 419(3) DCCP).
Cases are in principle decided by five justices; the presiding judge can decide that a suitable case is dealt with by three (Article 75(2)-(3) Judiciary Organisation Act). In civil cases, the appeal in cassation is instituted by a lawyer registered as an advocaat bij de Hoge Raad (Article 407 DCCP).
Which specialised courts and chambers exist?
In relation to litigation in the Netherlands, it is good to know that there are several specialized courts and chambers in the Netherlands. The best-known is the Enterprise Chamber at the Court of Appeal in Amsterdam, which deals specifically with disputes within companies (the Ondernemingskamer).
Typical Enterprise Chamber cases are inquiry proceedings (enquêteprocedure) about the policy and conduct of affairs of a company, for example in disputes between shareholders or about the management. The chamber consists of three professional judges and two expert lay members (Article 66(2) Judiciary Organisation Act). It can appoint one or more persons to investigate the policy and conduct of affairs of the company (Article 2:345 DCC), but only if there are well-founded reasons to doubt a correct policy or conduct of affairs (Article 2:350(1) DCC). Pending the proceedings, the Enterprise Chamber can, at the request of the applicants, order immediate measures (Article 2:349a(2) DCC), such as the suspension of directors or the temporary appointment of directors or supervisory directors (see Article 2:356 DCC). The parties appear through a lawyer (Article 2:349a(1) DCC).
When can you litigate in English at the NCC?
Since 1 January 2019, the Netherlands Commercial Court (NCC) has offered proceedings in English. The NCC is the international commercial chamber of the Amsterdam District Court; appeals go to the Netherlands Commercial Court of Appeal at the Amsterdam Court of Appeal.
Proceedings before the NCC are conducted and decided in English (Article 32a DCCP). The Amsterdam District Court (or Court of Appeal) must have jurisdiction, the dispute must be international and concern a legal relationship within the parties’ free disposal, and the parties must have expressly agreed in writing to litigate before the NCC. Cases that belong to the subdistrict court are excluded. The jurisdiction of the Amsterdam court can itself be based on a choice-of-court clause, if the applicable jurisdiction rules allow this. See also the NCC’s jurisdiction. The court fee is considerably higher than in ordinary proceedings (see the court fees below), and a lawyer is required.
How do collective actions work under Dutch law?
On 1 January 2020, the Act on the Resolution of Mass Damages in Collective Actions (Wet afwikkeling massaschade in collectieve actie, WAMCA) entered into force. Since then, a foundation or association can also claim damages in a collective action, provided it meets the admissibility requirements on representativeness, governance and funding (Article 3:305a DCC; procedure in Articles 1018b ff. DCCP). Under the simplified regime for claims brought with an idealistic purpose and a very limited financial interest, or where the nature of the claim gives cause for it, damages in money cannot be claimed (Article 3:305a(6) DCC).
Before the WAMCA, a collective action could not lead to an order to pay damages in money. It was mainly used to obtain a declaratory judgment that conduct was unlawful, after which individual victims had to claim damages in separate proceedings.
Parties can also settle mass damage claims. At the joint request of the parties, the Amsterdam Court of Appeal can declare such a settlement binding on the persons to whom the damage was caused (Article 7:907 DCC); it has exclusive jurisdiction to do so (Article 1013(3) DCCP). Persons who do not want to be bound can opt out in writing within the period set by the court (Article 7:908(2) DCC).
What is regulatory litigation?
MAAK Advocaten also handles regulatory litigation in the Netherlands: disputes with government agencies and regulators, for example about enforcement action against a company or about compliance with product rules.
We also deal with supervisory authorities such as the NVWA (Netherlands Food and Consumer Product Safety Authority) and the ILT (Human Environment and Transport Inspectorate). Note that Dutch courts do not review Acts of Parliament against the Constitution (Article 120 Dutch Constitution). They can, however, disapply statutory provisions that are incompatible with provisions of treaties that are binding on everyone (Article 94 Dutch Constitution).
What is the role of the judge in Dutch civil proceedings?
To ensure the independence of the judiciary, Dutch judges are appointed for life by Royal Decree and retire at a statutory age (Article 117 Dutch Constitution). A basic principle of Dutch civil procedure is that the court decides the case on the basis of what the parties put forward (Article 24 DCCP): the parties define the dispute and the facts. In practice, judges take an active role, for example by asking questions and by discussing a settlement or the further course of the case at the oral hearing (Article 87 DCCP).
Which limitation periods apply under Dutch law?
Under Dutch law, the general limitation period is twenty years, unless the law provides otherwise (Article 3:306 DCC). For most claims in commercial disputes, however, a five-year period applies. When it starts depends on the type of claim; see also our page on limitation periods under Dutch law.
For example, a claim for performance of a contract, such as payment, becomes time-barred five years after the beginning of the day following the day on which it became due (Article 3:307(1) DCC). A claim for damages becomes time-barred five years after the beginning of the day following the day on which the injured party became aware of both the damage and the person liable, and in any event twenty years after the event that caused the damage (Article 3:310(1) DCC); other long-stop rules apply to, for example, environmental damage and personal injury (Article 3:310(2) and (5) DCC). A claim for termination (ontbinding) of a contract for non-performance becomes time-barred five years after the beginning of the day following the day on which the creditor became aware of the non-performance, and in any event twenty years after the non-performance arose (Article 3:311(1) DCC).
How do you interrupt a limitation period?
Under Dutch law, a limitation period can be interrupted (stuiting). Every limitation period is interrupted by bringing a claim in court or by another act of legal prosecution in the required form (Article 3:316(1) DCC); if the claim is not awarded, the interruption in principle only stands if a new claim is brought within six months after the end of the proceedings and is then awarded (Article 3:316(2) DCC), unless a court declined jurisdiction because of an arbitration agreement, or an arbitral tribunal declined jurisdiction, by a decision that has become final (Article 3:316(4) DCC). For a claim for performance of an obligation, a written reminder or a written communication in which the creditor unequivocally reserves its right to performance is sufficient (Article 3:317(1) DCC); this also applies to claims for damages (HR 28 March 2014, ECLI:NL:HR:2014:766). For other claims, such as a claim for termination, a written reminder only interrupts the period if it is followed within six months by an act of interruption under Article 3:316 (Article 3:317(2) DCC).
After an interruption (other than by a claim that is awarded), a new limitation period starts. It equals the original period, but is not longer than five years, and the claim never becomes time-barred earlier than it would have without the interruption (Article 3:319 DCC). Interruption can be repeated. The court will not apply limitation of its own motion: the defendant must invoke it (Article 3:322(1) DCC).
What is expected of the parties before proceedings start?
Before starting proceedings, it can be worth securing evidence first. Before a case is pending, the court can order provisional evidentiary measures (voorlopige bewijsverrichtingen) (Article 196 DCCP), such as a provisional hearing of witnesses, a provisional expert report, an inspection, or access to certain documents (Articles 201–204 DCCP). The court grants the request unless, for example, the information sought is not sufficiently specified, the interest is insufficient or there is an abuse of power (Article 196(2) DCCP).
These witness statements or the expert opinion can be used in the later court proceedings. Under certain circumstances, court proceedings can also be avoided if a party realizes that its own (evidentiary) position is difficult or that a settlement should be sought.
Dutch law has no general pre-trial disclosure as in common law systems. However, a party to a legal relationship has a right to inspect, or obtain a copy or extract of, specific information about that relationship held by another person, if it has a sufficient interest (Article 194(1) DCCP). The holder may refuse if it has a legal privilege or if there are compelling reasons (Article 194(2) DCCP). Since 1 January 2025, this rule has replaced the former Article 843a DCCP.
How does prejudgment attachment work?
Enforcement of a judgment after the conclusion of the legal proceedings bears a risk in relation to the availability of the losing party’s assets.
Therefore, Dutch law provides for prejudgment attachment (conservatoir beslag) to ensure that a judgment can later be enforced. A pre-judgment attachment under Dutch law requires leave from the judge in summary proceedings (voorzieningenrechter) (Article 700(1) DCCP). The application is decided ex parte after a summary examination (Article 700(2) DCCP), usually within a short time. Bank accounts, real estate, vehicles, shares and other assets can be attached. Unless proceedings on the merits are already pending, the main claim must be brought within the period set by the judge, at least eight days after the attachment; otherwise the attachment lapses (Article 700(3) DCCP). Documents and other evidence can be attached separately to protect evidence (Article 205 DCCP).
The other party can ask the judge who granted leave to lift the attachment in summary proceedings (Article 705(1) DCCP). The attachment is lifted, among other things, if formal requirements were not met, if it appears summarily that the claim is unfounded or the attachment unnecessary, or, for a monetary claim, if sufficient security is provided (Article 705(2) DCCP). The claim itself is only fully assessed in the proceedings on the merits. Under Dutch case law, an attaching party whose claim is rejected in the main proceedings is in principle liable for the damage caused by the attachment.
How do you start civil proceedings in the Netherlands?
Civil proceedings in the Netherlands start either with a writ of summons (dagvaarding) or with an application (verzoekschrift). The law determines which route applies to a particular claim.
Below we explain both routes and what happens after the case has been started.
According to Dutch procedural law, a claim must be commenced with the service of the writ of summons (dagvaarding) by a bailiff upon the defendant. The case is pending from the day of the writ of summons (Article 125(1) DCCP). However, because of the fact that with the service of the writ of summons no court is involved yet, no court costs are due at this point in time. The date on which the proceedings are brought before the court is recorded in the writ of summons. Depending on the tactics and interests of the plaintiff, there can be a certain period of time between the service of the writ and the start of the proceedings before the court, which allows parties to negotiate a settlement by which litigation can still be avoided.
The writ of summons must state the claim and its grounds (Article 111(2)(d) DCCP). It must also state the defences the defendant has already raised and the reasons for them, as well as the evidence and witnesses available to the claimant to support the disputed grounds (Article 111(3) DCCP).
Certain civil matters must be started with an application (petition, verzoekschrift) to the court instead of a writ of summons. The application also states the request and its grounds. Interested parties can file a statement of defence (verweerschrift) until the start of the hearing or, if the court allows, during the hearing (Article 282(1) DCCP).
Waiting times and electronic filing
How long it takes before an oral hearing is scheduled or a judgment is given differs per court and per type of case. We can give you an estimate for your case.
Whether documents can be filed electronically depends on the court and the type of case; for the writ of summons, the cases are designated by order in council (Article 125(3) DCCP).
How long does a civil case take in the Netherlands?
Below we explain the course and the duration of Dutch civil proceedings.
Dutch civil proceedings on the merits start with the claimant’s writ of summons (dagvaarding), to which the defendant responds with a written statement of defence (conclusie van antwoord). The defendant must raise all procedural objections, such as an objection to the jurisdiction of the court, together with its defence on the merits (Article 128(3) DCCP). The court sets the deadlines for these steps and can grant extensions (Article 133 DCCP), so this first phase often takes several months. Incidental claims, for example on jurisdiction or security for costs, can prolong the proceedings.
After a writ of summons and a written statement of defence have been filed, the court will usually schedule an oral hearing during which the parties can explain their positions and the judge can ask questions. In addition, during an oral hearing also the continuation of the proceedings, and the possibility of a settlement are addressed. After an oral hearing, the court will either deliver a judgment or order the parties to explain their positions in more detail or to submit further evidence to the court. Further evidence can be submitted for example by introducing witness evidence or an expert opinion.
How long does a first-instance case take?
There is no statutory maximum duration. How long a case takes depends on the court, the complexity of the case and whether witnesses or experts are heard. Summary proceedings (kort geding) are much faster than proceedings on the merits.
How long do appeal and cassation proceedings take?
An appeal must be lodged within three months of the judgment (Article 339(1) DCCP). An appeal in cassation to the Supreme Court must in principle also be lodged within three months; shorter periods apply where the appeal period is shorter (Article 402 DCCP). Appeal and cassation proceedings each add considerable time, depending on the court and the case.
Can proceedings be accelerated?
If a matter is urgent, summary proceedings (kort geding) are the fastest route (Article 254 DCCP). In proceedings on the merits, the court can discuss with the parties at the oral hearing how the case will proceed (Article 87(2)(d) DCCP).
Can the parties influence the timetable?
A question that is often asked to our litigation attorney in the Netherlands is to what extent the parties in Dutch civil proceedings can control or influence the course of proceedings or their time schedule.
To some extent. The court sets the deadlines for written submissions, and the parties can ask for an extension. The court grants a joint request of the parties for an extension, unless this would cause unreasonable delay (Article 133(2) DCCP). In complex cases, it can be useful to discuss a procedural schedule with the other party and the court.
The detailed deadlines and the rules for extensions requested by one party are laid down in the national procedural rules of the courts (procesreglementen). If a step is not taken within the deadline and no extension can be obtained, the right to take that step lapses (Article 133(4) DCCP).
Do parties have to disclose documents in Dutch proceedings?
Below we explain how Dutch evidence law is structured, whether there is a duty to preserve documents and other evidence, and whether the parties must make documents available to each other.
In Dutch proceedings, the parties must state the facts relevant to the decision fully and truthfully; if they do not, the court can draw the conclusions it considers appropriate (Article 21 DCCP). This is not the same as the disclosure obligations known in common law jurisdictions. The main rule is that the party relying on the legal consequences of facts it asserts bears the burden of proving them, unless a special rule or reasonableness and fairness requires a different allocation (Article 150 DCCP).
The court can, at any stage of the proceedings, order a party to explain certain statements or to produce certain documents relating to the case (Article 22(1) DCCP). A party may refuse for compelling reasons (gewichtige redenen), but the court decides whether the refusal is justified (Article 22(2)-(3) DCCP). If a party keeps refusing without justification, the court can draw the conclusions it considers appropriate (Article 22(4) DCCP).
Dutch procedural law does not impose a general duty to preserve evidence for a future trial, although other rules may require records to be kept; for example, the board of a Dutch legal entity must keep its accounting records for seven years (Article 2:10(3) DCC). A demand for general disclosure is not possible. A party can, however, request access to, or a copy or extract of, specific information (Article 194 DCCP; in pending proceedings Article 195 DCCP). To protect evidence, documents and other items can also be attached with leave from the judge in summary proceedings (Article 205 DCCP).
In the Netherlands, the term “contempt of court” does not exist, but the court may draw conclusions that are detrimental to the party who fails to comply with the obligation to provide relevant facts fully and truthfully, or in the event of destruction of evidence or withholding of evidence.
Proceedings before the ordinary Dutch courts are conducted in Dutch. Whether exhibits in another language, such as English, must be translated depends on the procedural rules of the court and on the judge; the court can order a translation.
Is correspondence with your lawyer protected?
In Dutch court proceedings involving a foreign party, the question is often raised whether certain documents are protected against access by the opposing party, or whether an obligation to disclose them can be imposed.
A Dutch lawyer (advocaat) must keep confidential everything he or she learns in the course of practice (Article 11a Dutch Lawyers Act). As a witness, a lawyer can invoke a legal privilege (verschoningsrecht) regarding what was entrusted to him or her in that capacity (Article 165(2)(b) DCCP), and that privilege is also a ground for refusing a request for access to documents (Article 194(2)(a) DCCP). Whether advice from in-house counsel is protected depends on the circumstances, including whether the in-house lawyer is admitted to the Dutch Bar. A party can also rely on compelling reasons to refuse to produce documents after a court order (Article 22(2) DCCP).
How does evidence work in Dutch civil procedure?
Below we explain how evidence is produced in Dutch civil procedure and whether witnesses and experts can give oral evidence.
Dutch civil procedure relies mainly on written submissions. The writ of summons must state the evidence available to the claimant (Article 111(3) DCCP), and the statement of defence must state the evidence available to the defendant (Article 128(5) DCCP). Evidence can be provided by any means, unless the law provides otherwise, and the court is free to assess it (Article 152 DCCP). Often, judges decide primarily on the basis of the documents.
When does the court appoint an expert?
In Dutch civil procedure, written expert opinions may be used in evidence. In principle, each party may submit an expert opinion. Furthermore, at the request of a party or of its own motion, the court can order an expert report and appoint one or more (neutral) experts (Article 186 DCCP).
Especially in disputes involving technical aspects, a court-appointed expert can be decisive. A provisional expert report can also be requested before proceedings start (Article 196 DCCP).
How does witness examination work?
Written testimony is becoming more and more common in Dutch civil procedure. Written testimonies do, however, not have the same probative value as a witness examination by the judge in court, where witnesses testify under oath.
Witnesses can be heard at the oral hearing with the court’s prior permission (Article 87(3) DCCP) or at a separate hearing. A witness hearing takes place if the law allows evidence by witnesses and a party has offered to prove disputed facts that may be decisive for the case (Article 166(1) DCCP). The court can also summon witnesses of its own motion. Afterwards, the parties can comment on the statements, usually in a written submission.
Which interim steps are available during proceedings?
Under Dutch law, there is a variety of interim remedies. Even during court proceedings, the parties can for example:
- apply for a provisional attachment of the other party’s assets;
- offer to prove disputed facts through an examination of witnesses (Article 166 DCCP);
- challenge the court’s jurisdiction; or
- request security for the costs of the proceedings and damages from a claimant who has no domicile or habitual residence in the Netherlands (Article 224 DCCP); there are exceptions, for example if a treaty or EU regulation excludes this or if a costs order can be enforced where the claimant lives.
While proceedings on the merits are pending, a party can also ask the court for a provisional measure for the duration of the proceedings, provided it is connected to the main claim (Article 223 DCCP). Before proceedings are started, urgent provisional measures can be requested in summary proceedings (Article 254 DCCP).
Which civil remedies are available?
Besides delivering declaratory judgments on the legal relationship between the parties, civil courts can also deliver constitutive judgments or condemn a party to cease certain conduct, to pay damages, or establish another civil remedy.
Parties can claim, for example, performance of a contract, a declaration that a contract was validly terminated (ontbinding) or annulled (vernietiging), or that a juridical act is void. Termination and annulment can also be pronounced by the court (Article 6:267(2) DCC; Article 3:49 DCC). A claim for damages based on contractual or non-contractual liability can be combined with these remedies, depending on the legal relationship.
If a party is obliged to perform a juridical act, such as signing a deed, the court can rule that its judgment has the same force as a deed of that party (Article 3:300 DCC). In principle, the party claiming damages must prove the basis and the amount of the damage (Article 150 DCCP).
To ensure compliance, the claimant can ask the court to attach a penalty payment (dwangsom) to an order, but not to an order to pay a sum of money (Article 611a(1) DCCP). For late payment of a sum of money, the creditor can claim statutory interest (wettelijke rente) over the period in which the debtor is in default (Article 6:119 DCC). In commercial transactions, statutory commercial interest is due from the day after the agreed payment date or, if no payment date was agreed, in principle from 30 days after receipt of the invoice (Article 6:119a DCC). Each year, the interest is added to the principal (compound interest).
How is a judgment enforced in the Netherlands?
Under Dutch law, a judgment can only be enforced in the Netherlands after it has been served by a bailiff on the party against whom enforcement is directed (Article 430(3) DCCP). A party can ask the court to declare the judgment provisionally enforceable, so that it can be enforced before it becomes final.
An appeal suspends the enforcement of the judgment, unless the judgment was declared provisionally enforceable (Article 350(1) DCCP).
If a party enforces a judgment that is provisionally enforceable, it risks liability for damages if the opposing party successfully brings an appeal and the appellate court overturns the contested decision.
In case the losing party does not respect the judgment, the winning party has the option to seize assets of the opposing party, or – provided that they are included in the judgment – to claim penalty payments.
Are Dutch court hearings public?
Court hearings in the Netherlands are in principle public (Article 121 Dutch Constitution; Article 27(1) DCCP). The court can order a hearing behind closed doors, for example in the interest of public order, minors or privacy, or if publicity would seriously harm the proper administration of justice. As a rule, written submissions and exhibits are not accessible to the public.
Judgments are pronounced in public (Article 121 Dutch Constitution). Many judgments are published, in anonymised form, on the Dutch judiciary’s website: www.rechtspraak.nl.
Who pays the legal costs of Dutch proceedings?
The losing party is ordered to pay the costs of the proceedings, including a contribution to the legal fees of the winning party (Article 237(1) DCCP). The court can, however, split the costs, for example if both parties lose on some points. The order does not cover the actual legal fees: courts use fixed scales (liquidatietarief) set by the judiciary. In cases to enforce intellectual property rights, the losing party can be ordered to pay reasonable and proportionate actual costs (Article 1019h DCCP). The costs are set in the judgment itself (Article 237(3) DCCP), and there are no statutory fees for lawyers.
What are the Dutch court fees?
Court fees (griffierecht) are fees that the parties pay to the court in civil cases. The claimant pays, and a defendant who appears in the proceedings generally pays as well (Article 3 Court Fees in Civil Cases Act). A defendant before the kantonrechter pays no court fee (Article 4(1)(b) Court Fees in Civil Cases Act).
Court fees are charged in cases started by writ of summons, including summary proceedings, and in application proceedings. The amount depends on the court, the value of the claim, whether the party is a natural person or a legal entity, and whether a reduced fee for persons of limited means applies (Article 3 and Annex Court Fees in Civil Cases Act).
Court fees contribute to the costs of the court. They ensure that the judiciary can function and that the process is carried out fairly. Paying the court fee is a necessary step for both individuals and businesses wishing to take legal action. However, the fees can vary significantly, especially if the case involves a high value.
Court fees in 2026: The new rates in the Netherlands
The amounts are indexed periodically. The fees below apply since 1 January 2026 to cases at the district court other than subdistrict (kanton) cases (Annex to the Court Fees in Civil Cases Act):
| Type of Case | Court fee for non-natural persons | Court fee for natural persons | Court fee for individuals with low income |
|---|---|---|---|
| Cases of indefinite value (e.g., request for provisional seizure) | €735 | €341 | €93 |
| Cases with claims up to €100,000 | €3,083 | €1,414 | €93 |
| Cases with claims between €100,000 and €1,000,000 | €7,062 | €2,803 | €93 |
| Cases with claims above €1,000,000 | €10,487 | €2,803 | €93 |
| Netherlands Commercial Court (Article 32a(1) DCCP) | €19,518 | €19,518 | n/a |
Who pays the Dutch court fees?
The claimant and the appearing defendant each pay their own court fee, except the defendant in a subdistrict case (Articles 3 and 4 Court Fees in Civil Cases Act). The losing party is usually ordered to reimburse the court fee of the winning party as part of the costs order (Article 237 DCCP).
An important point is that the costs for companies are often much higher than for individuals, as they fall under the “non-natural persons” category. Therefore, the court fee for businesses can increase significantly, especially in high-value cases.
A party of limited means pays a reduced court fee if it submits a decision granting subsidised legal aid (toevoeging) or a statement from the Legal Aid Board that its income does not exceed the statutory limit (Article 16(1) Court Fees in Civil Cases Act).
The court fees for specific chambers differ. Proceedings before the Netherlands Commercial Court cost €19,518 at first instance and €26,024 on appeal, for natural persons and legal entities alike (Annex to the Court Fees in Civil Cases Act).
Can a third party finance the proceedings?
Third-party funding of litigation is in principle possible in the Netherlands. It is common in collective actions, in which a foundation or association usually represents the interests of the injured parties.
In a collective action, the claim organisation must have sufficient means to bear the costs of the claim, while keeping sufficient control over the claim (Article 3:305a(2)(c) DCC).
Third-party funding of individual claims also occurs, in court proceedings as well as in arbitration. A funding agreement can affect who controls the case and what happens to the proceeds, so it should be reviewed carefully.
Does legal expenses insurance cover Dutch proceedings?
Foreign legal expenses insurances with foreign coverage often cover the costs of Dutch court proceedings. The amount covered depends on the insurance conditions. Therefore, we advise clients with a foreign legal expenses insurance to contact the insurance company and inquire about coverage.
How are foreign judgments enforced in the Netherlands?
Judgments from other Member States of the European Union are recognised and enforced in the Netherlands under Regulation (EU) No 1215/2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (recast). Which documents are needed for enforcement follows from that regulation; we can advise you on this.
What about judgments from non-EU countries?
Without a treaty or EU regulation, a foreign judgment cannot be enforced in the Netherlands as such, and the case can be brought again before a Dutch court (Article 431 DCCP). In such new proceedings, a foreign judgment is in principle recognised if (i) the foreign court based its jurisdiction on a ground that is generally acceptable by international standards, (ii) the proceedings met the requirements of due process, (iii) recognition is not contrary to Dutch public policy, and (iv) the judgment is not irreconcilable with a Dutch judgment given between the same parties, or with an earlier recognisable foreign judgment given between the same parties in a dispute concerning the same subject matter and based on the same cause of action (HR 26 September 2014, ECLI:NL:HR:2014:2838, para. 3.6.4). If these conditions are met, the Dutch court takes the foreign judgment as its starting point, and the claim is in principle allowable (para. 3.6.5).
Frequently asked questions about litigation lawyers in the Netherlands
What does a litigation lawyer in the Netherlands do?
A litigation lawyer (advocaat) advises on and conducts civil and commercial disputes: assessing the claim and the deadlines, negotiating a settlement, applying for prejudgment attachment, and representing you in summary proceedings, proceedings on the merits and appeals. Outside the subdistrict court, a party must in principle be represented by a lawyer (Article 79(2) DCCP).
Do you need a lawyer for a civil case in the Netherlands?
Before the subdistrict court (kantonrechter) you can litigate in person (Article 79(1) DCCP); this court hears, among other things, claims of up to €25,000 and employment, lease, agency, consumer sale and consumer credit cases (Article 93 DCCP). In all other cases a lawyer is required (Article 79(2) DCCP), although a defendant in summary proceedings may appear in person (Article 255(1) DCCP). Cassation before the Supreme Court requires a specially registered lawyer (Article 407 DCCP).
Can a dispute be settled without going to court?
Yes. Parties can end or prevent a dispute with a settlement agreement (vaststellingsovereenkomst) (Article 7:900 DCC). A settlement of uncertainty or a dispute on patrimonial (financial) matters is in principle valid even if it turns out to conflict with mandatory law, unless its content or purpose conflicts with public policy or morality (Article 7:902 DCC). During proceedings, the judge can also attempt a settlement at the oral hearing (Article 87(2)(c) DCCP).
What does civil litigation in the Netherlands cost?
You pay your own lawyer, and court fees. At the district court, a legal entity pays a court fee of €735 for a claim of indeterminate value and €3,083 for a claim of up to €100,000 (Annex to the Court Fees in Civil Cases Act, since 1 January 2026). The losing party is ordered to pay the costs of the proceedings (Article 237(1) DCCP), but this order is based on fixed scales and usually covers only part of the actual legal fees.
Can a foreign company litigate in English in the Netherlands?
Yes, before the Netherlands Commercial Court (NCC) in Amsterdam, if the Amsterdam court has jurisdiction, the dispute is international and the parties have expressly agreed in writing to litigate there in English (Article 32a DCCP). The court fee at first instance is €19,518 (since 1 January 2026). Other Dutch courts generally conduct proceedings in Dutch.
Primary sources
- Dutch Code of Civil Procedure (Wetboek van Burgerlijke Rechtsvordering): Articles 21, 22, 24, 27, 32a, 79, 87, 93, 111, 125, 128, 133, 150, 152, 165, 166, 186, 194, 195, 196, 201, 204, 205, 223, 224, 237, 254, 255, 257, 282, 332, 339, 350, 402, 407, 419, 430, 431, 611a, 700, 705, 1013, 1018b, 1019h
- Dutch Civil Code (Burgerlijk Wetboek): Articles 2:10, 2:345, 2:349a, 2:350, 2:356, 3:49, 3:300, 3:305a, 3:306, 3:307, 3:310, 3:311, 3:316, 3:317, 3:319, 3:322, 6:119, 6:119a, 6:267, 7:900, 7:902, 7:907, 7:908
- Dutch Constitution (Grondwet): Articles 94, 117, 120, 121
- Judiciary Organisation Act (Wet op de rechterlijke organisatie): Articles 66 and 75
- Judicial Divisions Act (Wet op de rechterlijke indeling): Articles 1 and 2
- Dutch Lawyers Act (Advocatenwet): Article 11a
- Court Fees in Civil Cases Act (Wet griffierechten burgerlijke zaken): Articles 3, 4, 16 and the Annex (amounts since 1 January 2026)
- Supreme Court (Hoge Raad) 28 March 2014, ECLI:NL:HR:2014:766 (interruption of limitation for damages claims under Article 3:317(1) DCC)
- Supreme Court (Hoge Raad) 26 September 2014, ECLI:NL:HR:2014:2838 (recognition of judgments from non-treaty countries, paras. 3.6.4-3.6.5)
