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Litigation in the Netherlands

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Litigation in civil proceedings in the Netherlands

As a business owner or individual, legal disputes and litigation are bound to arise. It can be overwhelming to navigate the legal system of a foreign country, especially when it comes to the complex procedures and regulations of litigation in the Netherlands. That’s why we’ve put together this article written by our litigation attorney in the Netherlands to help you understand everything you need to know about litigation in civil proceedings in the Netherlands. In direct need of legal assistance in the Netherlands? Our team of experienced Dutch litigation lawyers in the Netherlands would be happy to help you.

Remko Roosjen

Martin Krüger

Sander van Someren Gréve

Faranaz Ishak

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Law suit in the Netherlands

A lawsuit in the Netherlands can be a time-consuming and costly process, and it’s essential to understand the legal system and procedures of the Netherlands. Our Dutch attorneys are experienced in different types of litigation in the Netherlands and can provive you with more information about how to start a lawsuit in the Netherlands, the Dutch court system, the role of the judge, the Dutch Civil Procedure Code (“Burgerlijke Wetboek van Rechtsvordering“), discovery and evidence, settlement, appeals, and enforcing a Dutch court judgment. We also have a strong reputation regarding international litigation and would be happy to provide you with the necessary information to make informed decisions in legal matters in the Netherlands.

Types of Dutch civil proceedings

In the Netherlands, there are several types of litigation, including civil court proceedings in the Netherlands, criminal litigation, administrative litigation, and tax litigation. Our litigation lawyer in the Netherlands would be happy to provide you with more information about the types of litigation in teh Netherlands. Civil litigation in the Netherlands involves disputes between individuals or organizations, such as contractual disputes, property disputes, and tort claims. The Dutch Civil Procedure Code, or the “Wetboek van Burgerlijke Rechtsvordering” in Dutch, is the set of rules and regulations that govern civil litigation in the Netherlands. It outlines the procedures that parties must follow when starting a lawsuit, submitting evidence, conducting hearings, and making appeals. The Dutch Civil Procedure Code also provides guidance on settlement and the enforcement of court judgments. It is an essential tool for lawyers and litigants in navigating the legal system in the Netherlands. In Dutch litigation, the judge plays a central role in the legal proceedings. The judge is responsible for managing the lawsuit in the Netherlands, ensuring that the parties adhere to the Dutch Civil Procedure Code and making decisions on the admissibility of evidence. The judge also conducts hearings, makes rulings, and renders judgments.

Litigation under DUTCH law

Our Dutch attorneys act for our clients in civil courts proceedings in the Netherlandsarbitration in the Netherlands and in penalty proceedings. Initiating summary or interim relief proceedings in the Netherlands or lodging an appeal in the Netherlands is where our Dutch lawyers have a strong reputation. Our lawyers in Holland (Amsterdam) are sharp, decisive and, of course, biased. Our Dutch lawyers will endeavour to represent your interests as best we can at every stage of a dispute. Our Dutch lawyers in Holland negotiate where possible and litigate when necessary. Where the case calls for it, our lawyers in the Netherlands will arrange for a pre-judgment attachment under Dutch law, ask the court to lift an attachment, or ask for an examination of witnesses in the Netherlands. Our Dutch lawyers work with short lines of communication: the lawyer you speak to handles your case.

Our Dutch lawyers in the Netherlands act for companies in business disputes. We have been doing so for many years and our lawyers have an excellent knowledge of procedural law. When a dispute arises with a trading party or with another shareholder, it is important to act quickly. This usually prevents more damage and brings a solution closer. Before initiating proceedings or preparing a defence, we analyse the dispute and work with you to find the quickest and best solution. When a strong negotiation is likely, our Dutch litigation lawyers in the Netherlands will take that route. If that does not work for our client, we will litigate where necessary.

If it is important to strengthen your recovery position at an early stage and so we will advise you on a prejudgment attachment. This will attach the other party’s assets and (after the proceedings have been conducted) render them liable to be recovered. 

Initiating proceedings in the civil courts is done with a writ of summons and the response to this is called a statement of defence. Many paths can be taken in proceedings, such as a witness examination or obtaining advice from an expert. Our litigation lawyers quickly get to the heart of the matter and advise on the steps to be taken. Our Dutch attorneys in the Netherlands are known for their sharp focus on the substance.

Our Dutch lawyers in the Netherlands act for companies in business disputes. We have been doing so for many years and our lawyers have an excellent knowledge of procedural law. When a dispute arises with a trading party or with another shareholder, it is important to act quickly. This usually prevents more damage and brings a solution closer. Before initiating proceedings or preparing a defence, we analyse the dispute and work with you to find the quickest and best solution. When a strong negotiation is likely, our Dutch litigation lawyers in the Netherlands will take that route. If that does not work for our client, we will litigate where necessary.

If it is important to strengthen your recovery position at an early stage and so we will advise you on a prejudgment attachment. This will attach the other party’s assets and (after the proceedings have been conducted) render them liable to be recovered. Initiating proceedings in the civil courts is done with a writ of summons and the response to this is called a statement of defence. Many paths can be taken in proceedings, such as a witness examination or obtaining advice from an expert. Our litigation lawyers quickly get to the heart of the matter and advise on the steps to be taken. Our Dutch attorneys in the Netherlands are known for their sharp focus on the substance.

“I am very pleased working
with MAAK Advocaten for a
few years now.
Can recommend them
without hesitation!”

A. de Bruin – Straetus International.