What commercial disputes does Remko Roosjen litigate under Dutch law?

Remko Roosjen litigates the full range of commercial disputes under Dutch law, from contractual conflicts to disputes with supervisory authorities. He prepares each case from the ground up, so that every procedural rule is followed, every exception is understood and every piece of evidence is presented correctly.

His litigation practice in the Netherlands covers, among others:

• Contractual disputes (breach of contract, wanprestatie): disagreements over purchase contracts, distribution agreements, importer contracts, engineering agreements, commercial agency contracts and Dutch franchise agreements, including matters on force majeure (overmacht), hardship clauses, liability limitations, general terms and conditions (algemene voorwaarden), termination, dissolution (ontbinding), suspension (opschorting) and the CISG (Vienna Sales Convention)
• Conflicts with business partners: disputes with suppliers, financiers, clients or contractors
• Discussions with supervisory authorities: such as the ILT, the NVWA and the Netherlands Labour Authority (Arbeidsinspectie)
• Professional liability claims: disputes involving professional advisers such as attorneys, accountants, notaries or tax consultants
• Insolvency related issues: disputes with bankruptcy trustees regarding transactions conducted shortly before insolvency

Do you have a commercial dispute under Dutch law? Contact Remko Roosjen for a clear assessment of your position and the most effective route.

How do you start litigation in the Netherlands: writ of summons or petition?

Litigation in the Netherlands starts either with a writ of summons (dagvaarding) or a petition (verzoekschrift), depending on the type of matter. Choosing the wrong instrument or the wrong competent court (bevoegde rechter) can cost your organisation months of delay. Therefore Remko Roosjen determines the correct route at the outset.

First, he assesses whether a summons or a petition is appropriate, which court has jurisdiction and how to ensure full compliance with the procedural rules. Additionally, he keeps a close eye on the limitation period (verjaringstermijn): under Dutch law, the general limitation period for a claim is five years, and a missed deadline can bar an otherwise strong claim entirely. Consequently, Remko acts in good time and, where necessary, interrupts the limitation period before it lapses. For cross border matters, he also advises on Dutch jurisdiction in international disputes.

Why is evidence law decisive in Dutch civil proceedings?

Evidence law (bewijsrecht) is decisive because, in Dutch civil proceedings, the party that bears the burden of proof (bewijslast) and fails to meet it loses, even when it is substantively in the right. Remko Roosjen is adept at determining the true value of evidence in the eyes of the court and at building a case that withstands scrutiny.

He guides clients through every evidentiary requirement, from information obligations to the submission of evidence. For example, he advises on the burden of proof and the reversal of the burden, on witness testimony (getuigenverhoor) and on the seizure of evidence through the 843a Rv procedure (bewijsbeslag). Additionally, where an expert investigation is needed, he coordinates the court appointed expert so that the technical background of the dispute is presented as convincingly as the legal arguments.

When are summary proceedings (kort geding) the right route?

Summary proceedings (kort geding) are the right route when a matter is urgent and you need a swift, provisional decision, for example an injunction, payment or the lifting of a measure. Summary proceedings before the preliminary relief judge typically take four to eight weeks, considerably faster than proceedings on the merits.

By contrast, proceedings on the merits (bodemprocedure) deliver a final ruling but take on average twelve to eighteen months at first instance. Therefore Remko Roosjen advises you honestly on which route fits your situation: summary proceedings for speed, proceedings on the merits for a definitive outcome, or international arbitration where the parties have agreed to it. Where security is needed, he also arranges a prejudgment attachment (conservatoir beslag) to safeguard recovery before judgment. Furthermore, he handles appeal proceedings and advises on the prospects of success on appeal.

How does Remko handle breach of contract and contractual disputes?

Breach of contract (wanprestatie) is the situation in which a party fails to perform, performs late or performs defectively. The other party then has three options under Dutch law: claiming performance, dissolving the agreement (ontbinding) in accordance with Article 6:265 of the Dutch Civil Code (Burgerlijk Wetboek) or claiming damages.

In the event of a contractual dispute, Remko Roosjen immediately analyses three questions. First: how serious is the failure and does it justify dissolution? Second: was the counterparty given timely and valid notice of default (ingebrekestelling)? Third: what damage has your organisation suffered and how do you prove it? That analysis determines the most effective route. Additionally, he advises on the interpretation of the contract under the Haviltex standard, since the meaning of a clause often decides the outcome of the dispute.

How does Remko resolve disputes with suppliers and business partners?

Disputes with suppliers, financiers, clients or contractors are among the most common commercial conflicts, and they often threaten the continuity of your operations. Remko Roosjen resolves them through targeted negotiation where possible and decisive litigation where necessary.

He first maps your contractual and legal position, then chooses the route that best protects your commercial interests. For example, he claims performance or damages, defends against unjustified claims, or secures your position with a prejudgment attachment. Moreover, for international counterparties, he litigates in international commercial disputes and, where agreed, in arbitration before the NAI or the ICC. Ultimately, his goal is a result that is both commercially sensible and legally robust.

How does Remko defend your organisation against enforcement by the NVWA, ILT or Labour Authority?

During enforcement actions by Dutch supervisory authorities, a great deal is at stake, financially and for the reputation of your organisation. The guidance is always the same: have your position assessed as quickly as possible and thereby limit reputational damage. Remko Roosjen represents businesses in disputes with the NVWA, the Human Environment and Transport Inspectorate (ILT) and the Netherlands Labour Authority (Arbeidsinspectie).

He assesses the legal robustness of a written warning, an order for incremental penalty payments (last onder dwangsom) or an administrative fine (bestuurlijke boete), and files objection or appeal where a measure is unjustified. Additionally, he can suspend a sales ban in summary proceedings while the main proceedings are pending. Because Remko combines product regulation knowledge with procedural expertise, he is particularly effective where the technical background of the enforcement action matters as much as the legal argument.

What does commercial litigation cost in the Netherlands and how long does it take?

The cost and duration of litigation in the Netherlands depend on the complexity of the matter, the court and the chosen route. Summary proceedings typically run four to eight weeks; proceedings on the merits average twelve to eighteen months at first instance. In addition to attorney fees, parties pay court fees (griffierecht), the amount of which depends on the value of the claim and the type of party.

Remko Roosjen works at MAAK Advocaten on an hourly rate and always discusses the costs transparently in advance. For example, he weighs whether a settlement is faster and cheaper than a procedure, and whether the losing party is likely to be ordered to pay a share of the legal costs. That honest assessment is part of every first conversation.

Why do organisations choose Remko Roosjen as their litigation attorney in Amsterdam?

Organisations choose Remko Roosjen because he approaches Dutch litigation with a practical, hands on method: he prepares cases that are airtight from start to finish and keeps his clients a step ahead. Whether it concerns filing the summons, addressing procedural defences or understanding the legal consequences of a court ruling, Remko ensures his clients are well prepared.

His deep knowledge of procedural rules, many of which are unknown to the average litigator, protects your case from procedural missteps. Whether you need to start proceedings against a Dutch company, defend a claim, secure recovery or take a matter on appeal: our specialised litigation attorneys in Amsterdam are ready to help.

Do you have a commercial dispute or an ongoing procedure under Dutch law? Contact Remko Roosjen for a non binding conversation. He gives you a clear and pragmatic assessment of your position, the risks and the approach that best suits your situation.

Education and memberships

Remko holds a master’s degree in law from Tilburg University (2007) and attended the International School of Law at Helsinki University (2008). In 2013 he successfully completed the specialist training course in National and International Contracting Law at the Grotius Academy.

Remko is admitted to the Netherlands Bar (Nederlandse orde van advocaten). Additionally, he is a member of the DFA, the Dutch Association for Distribution, Franchise and Agency law, and of the Association for Dutch and German Attorneys. He is also a lecturer at various conferences and master classes for the manufacturing industry.

Registration with the Netherlands Bar

Remko Roosjen has registered the following principal (and secondary) practice areas in the practice area register (rechtsgebiedenregister) of the Netherlands Bar Association:

• Civil law (general practice)

On the basis of this registration, he is required to obtain ten training credits each calendar year on every registered principal practice area, in accordance with the standards of the Netherlands Bar Association.