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Civil litigation in the Netherlands is governed by the Code of Civil Procedure (Wetboek van Burgerlijke Rechtsvordering, Rv). A case usually starts with a writ of summons (dagvaarding, Article 111 Rv), and outside the subdistrict court a lawyer is required (Article 79(2) Rv). A judgment in a civil or commercial matter that is enforceable in another EU Member State is enforceable in the Netherlands without a declaration of enforceability, if the proceedings were instituted on or after 10 January 2015 (Articles 39 and 66(1) Brussels I bis).
How does Dutch court litigation work?
Legal System and Dutch Civil Procedure Rules
The Netherlands has a civil law system. Civil procedure is governed by the Code of Civil Procedure, supplemented by the Dutch litigation regulations of the courts. Dutch court procedure can differ considerably from what you know from other jurisdictions. MAAK Advocaten advises businesses and individuals on Dutch litigation and enforcement, from the earliest procedural steps onward, and our litigation attorneys in the Netherlands can assist you.
Dutch Court Structure and Specialized Courts
The Dutch civil court system has three levels: district courts (rechtbanken), courts of appeal (gerechtshoven) and the Supreme Court (Hoge Raad). There are 11 district courts. Cases are generally handled by a single judge; complex cases can be referred to a panel of three judges. Within each district court, the subdistrict judge (kantonrechter) hears claims of up to €25,000, including interest up to the date of the summons, unless the legal basis of the claim exceeds that amount and is disputed. Regardless of the amount, the subdistrict judge also hears cases about employment, commercial agency, tenancy, consumer sale and consumer credit agreements (Article 93 Rv).
The Netherlands Commercial Court (NCC) specializes in adjudicating international commercial disputes. It consists of specialized judges, and proceedings are conducted in English. Additionally, the Enterprise Chamber (Ondernemingskamer) of the Amsterdam Court of Appeal deals with matters involving mismanagement and corporate governance issues.
Certain district courts have specialized divisions for specific areas of law, such as intellectual property (The Hague) and shipping and transport (Rotterdam). In patent cases, the Unified Patent Court may also have jurisdiction.
Stages of Dutch Civil Proceedings and Timelines
Civil proceedings in the Netherlands typically follow the following stages:
a) Writ of summons (in Dutch: “dagvaarding“): the claimant starts the proceedings by having a bailiff serve a writ of summons on the defendant. It contains the claim and its grounds (Article 111(1) and (2)(d) Rv).
b) Statement of defence (in Dutch: “conclusie van antwoord“): the defendant files a reasoned statement of defence on the first docket date or on a later date set by the court, after paying the court fee due (Article 128(2) Rv). All procedural objections and the defence on the merits must be raised together (Article 128(3)).
c) Oral hearing (in Dutch: “mondelinge behandeling“): after the statement of defence, the court as a rule orders an oral hearing, unless it considers the case unsuitable for one (Article 131 Rv). If an oral hearing is ordered, a further written round (in Dutch: “repliek” and “dupliek“) is only allowed where necessary (Article 132(2) Rv).
d) Interim or final judgment (in Dutch: “vonnis“): the court issues an interim or final judgment. How long this takes varies by court and by case, and evidence proceedings or interim judgments add time.
In urgent cases that require an immediate provisional measure, given the interests of the parties, the preliminary relief judge can grant one (in Dutch: “kort geding“, Article 254(1) Rv). The hearing can be scheduled at short notice, even on a Sunday (Article 254(2)).
Are exclusive jurisdiction clauses enforceable?
Yes, as a rule. Under the Brussels I bis Regulation, a choice of the courts of a Member State gives those courts jurisdiction, unless the agreement is null and void as to its substantive validity under the law of that Member State, and that jurisdiction is exclusive unless the parties agreed otherwise (Article 25(1)). The clause must be in writing or evidenced in writing, or in a form that matches the parties’ established practices or a widely known usage in international trade. A clause has no legal force if it conflicts with the protective rules for insurance, consumer and employment contracts (Articles 15, 19 and 23), or if another court has exclusive jurisdiction under Article 24, for example over rights in rem in immovable property, the validity of entries in public registers or the registration of patents and trade marks (Article 25(4)). Outside the Regulation, the Dutch Code of Civil Procedure also recognises choice-of-court agreements, although a choice of a Dutch court does not confer jurisdiction if there is no reasonable interest in it; such agreements are proven by a document, and in employment and consumer cases a choice of a foreign court does not exclude Dutch jurisdiction, unless it was agreed after the dispute arose or the employee or consumer relies on it (Article 8 Rv). Within the Netherlands, a choice-of-court clause does not change the subject-matter jurisdiction of the subdistrict judge (Article 93 Rv), although parties can jointly bring a case concerning legal consequences at their free disposal before a subdistrict judge of their choice (Article 96 Rv).
What do civil proceedings cost?
Court fees (in Dutch: “griffierechten“) are charged to each claimant and to each defendant that appears, for each instance (Article 3(1) Court Fees Act in Civil Cases). The amount follows from the table attached to that Act and depends on the court, the value of the claim and whether the party is a natural person (Article 3(5)-(6)). A defendant in a subdistrict court case pays no court fee (Article 4(1)(b)).
The losing party is ordered to pay the costs of the proceedings (Article 237(1) Rv), including court fees, witness and expert fees and a contribution to lawyer’s fees on a fixed scale (liquidatietarief). The court can set off the costs if both parties lose on some points. The actual lawyer’s fees of the winning party are rarely covered in full.
Under the Dutch rules of conduct for lawyers, a lawyer must make clear arrangements with the client on fees, the charging of costs and the method of invoicing when accepting the case, and must inform the client as soon as the bill is expected to be considerably higher than the initial estimate (Rule 17, Gedragsregels advocatuur 2018). The explanatory notes to Rule 16 add that the lawyer must be clear about the chances, risks and costs of the case.
How can litigation be funded?
Dutch law does not prohibit third-party litigation funding, and the Code of Civil Procedure contains no general rules on it. In a collective action, however, the court checks whether the claim organisation has sufficient means and keeps sufficient control over the claim, and in actions to protect the collective interests of consumers under Directive (EU) 2020/1828 the funding may not come from a competitor of the defendant or from a funder that depends on the defendant (Article 3:305a(2)(c) and (f) DCC). Limits may also follow from public policy or reasonableness and fairness.
The Dutch Claim Code, a self-regulatory instrument, provides best practices for collective redress actions and the use of third-party funding.
Lawyers in the Netherlands may not agree that they will only charge a fee if a certain result is achieved (“no win, no fee”), or that their fee will be a proportion of the result (Article 7.7 Bar Regulation, Verordening op de advocatuur). Exceptions apply to a customary collection tariff (Article 7.8) and, under specific conditions, to personal injury and death cases (Articles 7.9-7.13).
Can you assign a claim or use third-party funding?
Yes. A claim is assigned by a deed of assignment and notice to the debtor (Article 3:94(1) DCC), or, for claims that already exist or will arise directly from an existing legal relationship, by an authentic or registered deed without notice, although the assignment can then only be invoked against the debtor after notice (Article 3:94(3)). A contract can exclude assignment (Article 3:83(2) DCC), but since 1 July 2025 a clause that excludes or restricts the assignment or pledging of a monetary claim arising from a profession or business is void, subject to exceptions such as claims under bank accounts and syndicated loans (Article 3:83(3)-(4)). For clauses agreed before that date, the nullity applies from 1 October 2025. Third-party funding is discussed above.
When must you provide security for costs?
A claimant without a domicile or habitual residence in the Netherlands must, if the defendant asks for it before all other defences, provide security for the costs of the proceedings and the damages it may be ordered to pay (Article 224(1) and (3) Rv). There is no such obligation if a treaty or EU regulation excludes it, if a costs order can be enforced where the claimant lives, if recovery in the Netherlands is reasonably likely, or if security would block effective access to the court (Article 224(2)). Claimants from other EU Member States will often fall under the second exception, because a Dutch costs order can be enforced there under the Brussels I bis Regulation.
Treaties such as the Hague Convention on Civil Procedure (1954) and the Hague Convention on International Access to Justice (1980) may also rule out security for costs (Article 224(2)(a) Rv).
What should you do before commencing proceedings?
In general, Dutch procedural law sets no pre-action requirements for filing a lawsuit. Under substantive law, however, a claim for damages or dissolution for breach of contract usually requires that the debtor is in default. As a rule, that requires a written notice of default giving the debtor a reasonable period to perform, after which performance fails to take place within that period (Article 6:82(1) DCC), unless default occurs without notice, for example when a fixed deadline has passed (Article 6:83 DCC).
There are exceptions. In inquiry proceedings for mismanagement before the Enterprise Chamber, the applicants must first set out their objections in writing to the board and the supervisory board and allow the company reasonable time to investigate them and take measures; this does not apply if the company itself files the request (Article 2:349(1) DCC). In a collective action, the claim organisation must have made sufficient attempts to achieve its claim through consultation with the defendant; two weeks after the defendant received a request for consultation is in any event sufficient (Article 3:305a(3)(c) DCC).
Which limitation periods apply?
A claim for performance of a contract can be brought irrespective of whether damage has occurred.
Such a claim (for performance of a contractual obligation to give or to do) becomes time-barred five years after the start of the day following the day on which it became due (Article 3:307(1) DCC), not from the date of the breach. For an obligation to perform after an indefinite period, the period only runs from the day after the date for which the creditor gave notice that it would demand performance, and the claim is in any case time-barred twenty years after the earliest possible date of demand (Article 3:307(2) DCC).
Different limitation periods apply to different claims. A claim for damages or a contractual penalty becomes time-barred five years after the day following the day on which the injured party became aware of both the damage (or the penalty being due) and the person liable, and in any case twenty years after the event that caused the damage (Article 3:310(1) DCC). Different rules apply to, among other things, environmental damage (a long stop of thirty years) and personal injury or death (no twenty-year long stop) (Article 3:310(2) and (5) DCC). A claim to annul a contract, for example for mistake or fraud, becomes time-barred three years after the ground was discovered (Article 3:52(1) DCC). The right to claim annulment of a company resolution lapses one year after the resolution was made sufficiently known or the interested party learned of it (Article 2:15(5) DCC). Unless the law provides otherwise, a claim becomes time-barred after twenty years (Article 3:306 DCC). A limitation period can be interrupted, for example, for a claim for performance, by a written demand (Article 3:317(1) DCC); for other claims, such as a claim to annul, a written demand only interrupts if it is followed within six months by a summons or another act under Article 3:316 (Article 3:317(2)).
These limitation periods are considered substantive law issues and are calculated based on specific circumstances.
Which formalities apply when starting proceedings?
A case is started by a writ of summons, served by a bailiff (Article 111(1) Rv). The summons must state, among other things, the claim and its grounds, the court, the docket date and, outside the subdistrict court, the lawyer acting for the claimant (Article 111(2) Rv). Before the subdistrict judge, parties may act in person; in all other cases they must be represented by a lawyer (Article 79 Rv). In summary proceedings, the defendant may also appear in person (Article 255(1) Rv).
Which interim remedies are available before proceedings?
The Dutch civil justice system has no pre-trial discovery as in common law jurisdictions. However, a party to a legal relationship with sufficient interest can claim inspection or a copy of specific data about that relationship (Article 194 Rv). Evidence can be secured by an attachment of evidence (bewijsbeslag), with leave from the preliminary relief judge (Article 205 Rv). Before proceedings, the court can also order preliminary evidence measures (voorlopige bewijsverrichtingen), such as a preliminary witness examination or expert report (Article 196 Rv).
In certain cases, such as preliminary relief proceedings, provisional judgments can be obtained more quickly to address urgent matters.
Dutch litigation and enforcement in the Netherlands: specialist law firm
Our team at MAAK Advocaten specializes in Dutch litigation and enforcement and provides expert advice and guidance on working through the details of litigation and dispute resolution laws and regulations in the Netherlands.
For more information and personalized assistance, feel free to reach out to our team of legal professionals. We are committed to helping you achieve the best possible outcomes in your legal matters in the Netherlands.
How is a judgment enforced in the Netherlands?
A Dutch judgment can be enforced throughout the Netherlands by a bailiff on the basis of its enforceable copy (grosse), and only after it has been served on the party against whom enforcement is sought (Article 430(1) and (3) Rv). An appeal suspends enforcement, unless the judgment was declared provisionally enforceable (uitvoerbaar bij voorraad, Article 350(1) Rv). For a foreign judgment, the route depends on where the judgment comes from. MAAK Advocaten assists individuals and businesses seeking to enforce a foreign judgment in the Netherlands.
Our experienced team of Dutch lawyers is well-versed in the details of cross-border enforcement and is committed to helping you work through the legal system with ease.
Do you need a declaration of enforceability for a judgment from another EU country?
No. A judgment given in another EU Member State in a civil or commercial matter that is enforceable there is enforceable in the Netherlands without any declaration of enforceability, if the proceedings were instituted on or after 10 January 2015 (Articles 1(1), 39 and 66(1) Brussels I bis Regulation). For earlier proceedings, Regulation (EC) No 44/2001 continues to apply (Article 66(2)). It is enforced under the same conditions as a Dutch judgment (Article 41(1)).
The applicant provides the enforcement authority, in the Netherlands the bailiff, with a copy of the judgment that satisfies the conditions to establish its authenticity, and the certificate issued by the court of origin under Article 53, which confirms that the judgment is enforceable (Article 42(1) Brussels I bis Regulation). Before the first enforcement measure, the certificate must be served on the person against whom enforcement is sought, together with the judgment if it has not yet been served on that person (Article 43(1)). That person can apply for refusal of enforcement on one of the grounds in Article 45, such as a manifest conflict with public policy (Article 46).
How do you enforce a judgment from outside the EU in the Netherlands?
If a treaty or Dutch law provides for enforcement of the foreign judgment, you need leave (exequatur) from the district court where the debtor is domiciled or where enforcement is sought; the court does not re-examine the case itself (Article 985 Rv). The request is filed by a lawyer (Article 986(1) Rv) and must include:
- an authentic copy of the foreign decision; and
- the documents showing that the decision is enforceable in the country where it was given (Article 986(2) Rv). The court may require legalisation and a certified Dutch translation (Article 986(3)).
If no treaty or statute provides for enforcement, a foreign judgment cannot be enforced as such; the case can be brought again before the Dutch court (Article 431 Rv). The Dutch court then in principle recognises the foreign judgment 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 between the same parties or with an earlier foreign judgment between the same parties on the same subject and cause, provided that earlier judgment is recognisable in the Netherlands. If so, a claim for the same order is in principle granted, unless the judgment is not, not yet or no longer enforceable in its country of origin (Supreme Court 26 September 2014, ECLI:NL:HR:2014:2838, paras. 3.6.4-3.6.6). Our Dutch lawyers can prepare and file the application or the new proceedings for you.
Frequently asked questions about Dutch litigation and enforcement in the Netherlands
How does Dutch litigation work?
A civil case usually starts with a writ of summons served by a bailiff (Article 111 Rv). After the statement of defence, the court as a rule holds an oral hearing (Article 131 Rv) and then gives judgment. Outside the subdistrict court, you need a Dutch lawyer (Article 79(2) Rv).
Do you need a lawyer to litigate in the Netherlands?
Before the subdistrict judge (claims up to €25,000 and, for example, employment and tenancy cases), you may act in person or through an authorised representative (Articles 79(1) and 80(1) Rv). In other cases, a lawyer is required (Article 79(2)); in summary proceedings, the defendant may appear in person (Article 255(1)).
How is a foreign judgment enforced in the Netherlands?
A judgment from another EU Member State in a civil or commercial matter, given in proceedings instituted on or after 10 January 2015, is enforceable without a declaration of enforceability; the bailiff needs a copy and the certificate (Articles 39, 42 and 66(1) Brussels I bis Regulation). For other judgments, you need leave (exequatur) if a treaty or law provides for it (Article 985 Rv); otherwise the case can be brought again before the Dutch court (Article 431 Rv).
Who pays the costs of Dutch court proceedings?
Each claimant and each appearing defendant pays a court fee, except the defendant in a subdistrict court case (Articles 3 and 4 Court Fees Act). The losing party is ordered to pay the other party’s costs, with lawyer’s fees on a fixed scale (Article 237(1) Rv).
Does a foreign company have to provide security for costs in the Netherlands?
Only if the defendant asks for it and no exception applies. A claimant without a domicile or habitual residence in the Netherlands must provide security, unless, for example, a treaty or EU regulation excludes it or a costs order can be enforced in the claimant’s country (Article 224 Rv).
Primary sources
- Code of Civil Procedure (Wetboek van Burgerlijke Rechtsvordering): Articles 8, 79, 93, 96, 111, 128, 131, 132, 194, 196, 205, 224, 237, 254, 255, 350, 430, 431, 985 and 986
- Dutch Civil Code: Articles 2:15, 2:349, 3:52, 3:83, 3:94, 3:305a, 3:306, 3:307, 3:310, 6:82 and 6:83
- Court Fees Act in Civil Cases (Wet griffierechten burgerlijke zaken), Article 3 and Article 4
- Bar Regulation (Verordening op de advocatuur), Articles 7.7-7.13
- Brussels I bis Regulation (EU) No 1215/2012, Articles 1, 24, 25, 39, 41, 42, 43, 45, 46 and 53
- Supreme Court (Hoge Raad) 26 September 2014, ECLI:NL:HR:2014:2838
Litigation and enforcement law firm in the Netherlands
Dutch litigation and enforcement in the Netherlands requires a thorough understanding of the legal framework and the specific procedures involved. At MAAK Advocaten, we pride ourselves on our in-depth knowledge of cross-border enforcement and our commitment to providing exceptional legal services to our clients.
Our experienced team of lawyers can guide you through the entire process, ensuring a successful recognition and enforcement of your judgment in The Netherlands. If you have any further questions about Dutch litigation and enforcement in the Netherlands, please don’t hesitate to reach out to our knowledgeable and dedicated team at our Dutch law firm.
