Force Majeure in the Netherlands

Published on 24 February 2021 · Last updated 23 October 2026

Force majeure (overmacht) under Dutch law means that a party who fails to perform is not liable for damages, because the failure cannot be attributed to it (Articles 6:74 and 6:75 DCC). The statutory rules apply automatically to every contract under Dutch law, and the parties may deviate from them in an express clause. A specific situation is covered on our page on force majeure for Ukrainian companies.

What is the legal basis for force majeure under Dutch law?

Force majeure under Dutch law is governed by Article 6:75 of the Dutch Civil Code (DCC). According to this provision, a failure to perform cannot be attributed to a party if it is:

Not attributable to their fault
Not their responsibility under the law, contract, or generally accepted principles

What does a force majeure clause look like?

A force majeure clause sets out which events count as force majeure and what happens next. There are limits. An exclusion of liability does not apply to the extent that relying on it would be unacceptable by standards of reasonableness and fairness (Article 6:248(2) DCC); in general terms and conditions it may also be voidable if it is unreasonably onerous (Article 6:233(a) DCC). Below are two example clauses. The thirty-day period is an example value that you adapt to your contract.

Example clause 1 under Dutch law

In this Agreement, the term force majeure means the prevention of performance of the Agreement as a result of fire, explosion, embargo, riot, insurrection, civil commotion, war (whether war of aggression or not), and natural disasters (including storm surge).

In the event of force majeure, performance of the contract shall be suspended. In the event of force majeure, the parties shall notify each other in writing as soon as possible of the nature and circumstances of the force majeure, the date on which the situation arose and, if possible, its expected duration.

If the Force Majeure has lasted or can reasonably be expected to last for more than thirty (30) calendar days, either Party shall be entitled to terminate the Agreement by written notice with immediate effect and without the intervention of a court.

Note that a party relying on force majeure owes no damages; after termination it need only compensate the other party up to the benefit it gained from the non-performance (Articles 6:277(2) and 6:78 DCC).

Example clause 2 under Dutch law

According to this contract, “force majeure” means any circumstance independent of the will of the parties, as a result of which the performance of the contract cannot be required, either temporarily or permanently, according to standards of reasonableness and fairness. Force majeure shall in any event include: civil war and the threat of civil war, natural disasters, strikes, excessive absence of employees, transport problems, fire, shortage of raw materials, government measures of a government whether in the Netherlands or elsewhere, in any event including import and export bans, quota regulations and breakdowns at the party to the agreement, as well as non-performance or force majeure on the part of a third party, with the result that the obligations towards the other party cannot or can no longer be performed as agreed. In the event of force majeure, the affected party is entitled to terminate the agreement or suspend performance of the agreement until the circumstance causing the force majeure no longer exists and the other party is not entitled to compensation or other damages.

In general terms and conditions, a clause as broad as example clause 2 may be tested against Articles 6:233(a) and 6:248(2) DCC.

When can you invoke force majeure?

A failure is not attributable if it is not the party’s fault and the cause is not for its account by law, by the contract or by generally accepted views (Article 6:75 DCC). The party is also responsible for people it uses to perform (Article 6:76 DCC) and, as a rule, for unsuitable items it uses (Article 6:77 DCC). A lack of funds is not force majeure (Supreme Court, 13 February 2026, ECLI:NL:HR:2026:239, para. 3.2.4).

What can a contractual force majeure clause regulate?

While statutory force majeure provisions apply automatically to all Dutch contracts, parties often include specific force majeure clauses in their agreements. These clauses may:

Define what constitutes force majeure
Specify the consequences of a force majeure event
Set out notification requirements
Provide for contract suspension or termination

Clauses often list events such as natural disasters, war or government measures.

What are the consequences of force majeure?

When force majeure is successfully invoked:

The non-performing party is not liable for damages
While the impediment lasts, the party is not in default (Article 6:81 DCC); once it ends, it must still perform
The counterparty may suspend its own performance or terminate the contract (Articles 6:262 and 6:265 DCC)

Force majeure does not end the contract by itself. The other party may terminate it, also when the failure is not attributable, unless the failure is too minor to justify termination (Article 6:265(1) DCC). If performance is permanently or temporarily impossible, no notice of default is needed first (Article 6:265(2) DCC). Termination takes place by a written notice or by a court decision (Article 6:267 DCC). The party affected owes no damages, except up to any benefit it gained (Articles 6:277(2) and 6:78 DCC).

Who bears the burden of proof?

As a rule, the burden of proving force majeure lies with the non-performing party: it must prove the facts on which it relies, unless a special rule or reasonableness and fairness requires a different allocation (Article 150 Dutch Code of Civil Procedure). If the injured party fails to take reasonable steps to limit its loss, its compensation may be reduced (Article 6:101 DCC).

Which alternatives to force majeure exist?

If invoking force majeure fails, parties may consider other legal options:

Under Article 6:258 of the DCC, a court may at a party’s request amend or terminate the contract on the ground of unforeseen circumstances of such a nature that the other party may not, by standards of reasonableness and fairness, expect the contract to remain unchanged. It will not do so if the circumstances are for the claimant’s account (Article 6:258(2) DCC). See also our page on the hardship clause under Dutch law.
A contractual rule does not apply where this would be unacceptable by standards of reasonableness and fairness (Article 6:248(2) DCC).

Does force majeure work differently in international sales contracts?

Yes, it can. The UN Convention on Contracts for the International Sale of Goods (CISG) applies to sales of goods between parties whose places of business are in different States, if those States are Contracting States or if private international law leads to the law of a Contracting State, such as Dutch law (Article 1 CISG). The parties may exclude it (Article 6 CISG).

Under Article 79 CISG, a party is not liable for damages if it proves that the failure was due to an impediment beyond its control, which it could not reasonably have taken into account when the contract was concluded, or have avoided or overcome. The exemption only lasts while the impediment exists. The party must notify the other party of the impediment; if the notice is not received within a reasonable time, it is liable for the resulting damage. The other party keeps its remedies other than damages.

What should you do when force majeure arises?

When dealing with force majeure situations under Dutch law:

Review contracts for specific force majeure clauses
Document the circumstances preventing performance
Notify the other party promptly
Take steps to limit the loss
Consider seeking legal advice to assess the strength of a force majeure claim

Frequently asked questions about force majeure in the Netherlands

Is a war, pandemic or strike automatically force majeure under Dutch law?

No. The question is whether the failure to perform is caused by the event and whether that cause is for your account by law, by the contract or by generally accepted views (Article 6:75 DCC). Check first whether the contract contains a force majeure clause that lists the event.

Is a lack of money force majeure?

No. The Supreme Court confirmed in 2026 that a lack of funds does not constitute force majeure (HR 13 February 2026, ECLI:NL:HR:2026:239, para. 3.2.4).

Is my subcontractor’s failure force majeure for me?

As a rule, no. If you use other people to perform the contract, you are liable for their conduct as for your own (Article 6:76 DCC). A contract can allocate this risk differently, for example by treating non-performance by a third party as force majeure.

Does force majeure end the contract automatically?

No. While the impediment lasts, you are not in default (Article 6:81 DCC). The other party may suspend its own performance or terminate the contract by written notice (Articles 6:262, 6:265 and 6:267 DCC).

Can parties agree what counts as force majeure?

Yes. Article 6:75 DCC allows the contract to determine which risks are for a party’s account. A clause does not apply where relying on it would be unacceptable by standards of reasonableness and fairness (Article 6:248(2) DCC), and in general terms and conditions an unreasonably onerous clause is voidable (Article 6:233(a) DCC).

Primary sources

Dutch Civil Code (Burgerlijk Wetboek) Book 6: Articles 6:74, 6:75, 6:76, 6:77, 6:78, 6:81, 6:101, 6:233, 6:248, 6:258, 6:262, 6:265, 6:267 and 6:277
Dutch Code of Civil Procedure (Wetboek van Burgerlijke Rechtsvordering): Article 150
UN Convention on Contracts for the International Sale of Goods (Weens Koopverdrag): Articles 1, 6 and 79
Supreme Court (Hoge Raad), 13 February 2026, ECLI:NL:HR:2026:239