A court procedure in the Netherlands begins with a Dutch writ of summons served to the opposing party through a bailiff. The judge handles the dispute during a hearing, after which a legally enforceable judgment follows that can be collected through execution measures if necessary.
When amicable negotiations fail to produce a resolution, the Dutch legal system offers a clear judicial framework to definitively settle disputes. Proceedings before the Dutch District Court or Dutch Subdistrict Court follow established steps according to the Dutch Code of Civil Procedure. You receive the opportunity to present your position under guidance of a lawyer, while the judge independently assesses the legitimacy of your claim according to Dutch legislation.
Which Court Handles Your Case Under Dutch Law?
The nature and value of your dispute determine whether you proceed before the Subdistrict Court or the Civil Court. This choice directly affects legal costs, mandatory legal representation, and processing time.
Subdistrict Court proceedings:
- Legal disputes in the Netherlands up to €25,000
- Employment conflicts (any amount)
- Rental disputes (any amount)
- Commercial Agency law disputes in the Netherlands
- Consumer purchases and credit (any amount)
- No mandatory lawyer requirement for parties
- Lower court fees (from €127)
- Average processing time: 4-6 months
Civil Court proceedings:
- Claims in the Netherlands exceeding €25,000
- Non-financial disputes (such as contract termination)
- Mandatory legal representation for both parties
- Higher Dutch court fees in 2026 (from €325)
- Average processing time: 6-12 months
Additionally, an expedited procedure exists through summary proceedings for urgent situations. The judge issues a preliminary ruling within several weeks, for instance in cases of imminent publication damage or overdue salary payments. The summary judgment remains valid until full proceedings provide definitive resolution.
What Steps Does a Summons Procedure Involve Under Dutch Law?
Step 1: Drafting and Serving the Writ of Summons
A Dutch lawyer formulates your claim precisely according to legal requirements of Article 111 of the Dutch Code of Civil Procedure. This document clearly states what you claim, why you are entitled to it, and on which date the hearing takes place. The bailiff serves this summons personally to the defendant, at least two weeks before the first court date.
Subsequently, your lawyer submits the served summons to the court. The defendant thereby receives official notice of the proceedings and must register with the court through their lawyer by the court date at the latest. Should the opposing party fail to respond, the judge often issues a default judgment in your favor.
Step 2: Statement of Defense under Dutch law
The defendant’s lawyer in the Netherlands typically receives six weeks to file written defense. In this statement of defense in the Dutch substantive proceedings, they contest your assertions with legal arguments and evidence. Moreover, the defendant can file a counterclaim (reconvention), for example when alleging they suffered damages through your actions.
In complex cases, multiple written rounds follow wherein both parties respond to each other’s positions. This exchange ensures the judge obtains a complete picture before inviting parties for oral proceedings.
Step 3: Comparative Hearing in the Netherlands
During this hearing, the judge primarily questions both parties themselves, not only the lawyers. They seek to clarify factual events according to the adversarial principle. Approximately 65% of cases first receive a settlement proposal: the judge directs parties to explore whether an amicable solution proves possible.
A settlement acquires the same legal force as a judgment because it appears in official minutes stating ‘In the name of the King’. Should settlement fail, the judge determines further proceedings. In straightforward cases, a final judgment follows directly. However, in approximately 30% of procedures, the judge first assigns burden of proof or appoints an expert for further investigation.
Step 4: The Judgment
The judge pronounces judgment within 6 to 8 weeks after the final hearing. This judgment contains a detailed assessment of all legal arguments and evidence. Additionally, the judgment determines which party must pay legal costs, typically the losing party.
Does the condemned party fail to comply voluntarily with the judgment within two days after service? Then your bailiff can implement enforcement measures such as:
- Attachment of bank accounts
- Wage garnishment (maximum 90% of the exempt amount)
- Attachment of real estate
- Sale of movable assets
Why Do Proceedings Sometimes Take Longer Than Expected Under Dutch Law?
Processing time in the Netherlands depends strongly on the complexity of your case and the Dutch court’s schedule. Simple debt collection cases without defense often conclude within 4 months. Conversely, procedures involving witness testimonies or expert investigations can extend 12 to 18 months.
International elements significantly prolong proceedings. When you must litigate against a foreign party, for example, serving documents requires additional time according to the Hague Convention. Furthermore, evidence from abroad necessitates supplementary translation and legalization.
Appeal proceedings in the Netherlands typically doubles total processing time. Parties have three months after judgment to file appeal with the Court of Appeal. The appeal proceedings subsequently require another 8 to 14 months, depending on complexity.
Seeking clarity about the expected timeline for your specific case? Our specialized lawyers in Amsterdam analyze your situation and provide a realistic time estimate based on the nature of the conflict and involved parties.
What Do Court Proceedings Cost in the Netherlands?
Court Fees 2026
The court charges court fees for handling your case. At the Subdistrict Court, only the plaintiff pays, with amounts from approx. €130 to €850 depending on the claim (and amended every year). At the Dutch Civil Court, both parties pay.
Legal Fees in the Netherlands
Litigation lawyers in the Netherlands typically work hourly or offer fixed pricing for the entire Dutch procedure.
Do you win the Dutch proceedings? Then the judge condemns the opposing party to payment of a legally established amount for the Dutch legal costs. However, this amount rarely covers full legal costs. Actual cost compensation ranges between 20% and 40% of your total legal costs, depending on the rate the judge applies according to the liquidation tariff.
Bailiff Costs
For serving the summons, the bailiff charges €95 to €125 plus travel expenses. Upon enforcement of the judgment, costs arise for attachment: typically 5% to 8% of the claim with a minimum of €500.
What Alternatives Exist to Court Proceedings in Dutch Law?
Mediation
A professional mediator guides both parties toward a solution without judgment. Approximately 75% of mediation trajectories lead to agreement, often within 6 to 10 weeks. Costs amount to €150 to €250 per hour, with both parties sharing equally.
Arbitration
At the Permanent Court of Arbitration or sector-specific arbitration institutes, parties resolve their dispute outside regular jurisdiction. The arbitrator issues a binding decision that possesses the same legal force as a court judgment. arbitration often proceeds faster and more confidentially than a public court hearing.
Settlement Judge
This recently introduced option at various courts offers more informal proceedings where the judge actively considers practical solutions. The settlement judge combines judicial authority with mediation skills, which proves particularly effective in relational disputes.
Uncertain about the best approach for your business conflict? Contact our law firm in Amsterdam for a complimentary intake consultation. We advise you on the most effective and cost-efficient route based on your specific situation.
How Do You Optimally Prepare for the Hearing Under Dutch Law?
Gather Evidence
The Dutch judge evaluates your case based on evidence you present. Therefore, collect timely:
- All written agreements and correspondence
- Invoices and payment receipts
- Email communications and WhatsApp conversations (screenshots)
- Photographs or videos of delivered goods or performed work
- Expert reports or quotations
Organize these documents chronologically and discuss with your Dutch lawyer which materials prove most relevant. Excessive irrelevant material works counterproductively, as the judge must then search through large volumes of documents.
Prepare Your Statement
Although your Dutch lawyer presents the legal argument, the judge wants to hear personally from you what transpired. Therefore, practice a clear, chronological summary of maximum 5 minutes. Limit yourself to facts and avoid emotional elaborations that lack legal relevance.
The Dutch judge appreciates concrete times, amounts, and names. Vague recollections like “somewhere in spring” or “approximately €5,000” undermine your credibility. Bring along a timeline with exact dates when important events occurred, if necessary.
What Happens After the Judgment in the Netherlands?
Voluntary Compliance
The condemned party receives two days after service of judgment to comply voluntarily. In approximately 40% of cases this actually occurs, especially when the condemned party is an established enterprise seeking to avoid reputational damage.
Forced Execution
Does the condemned party fail to pay? Then the bailiff initiates enforcement measures. They can attach bank accounts within 24 hours through third-party attachment. The bank then freezes the balance and pays it to you as creditor after two weeks.
For real estate, the bailiff places conservatory attachment preventing sale or encumbrance. Subsequently, executory sale follows through public auction, whereby proceeds cover your claim. This process typically requires 6 to 12 months from initial attachment.
Appeal proceedings in the Netherlands
Both parties can file appeal with the Court of Appeal within three months. You must then pay court fees again and your lawyer conducts the second instance proceedings. The court reviews both facts and law anew, whereby new evidence sometimes remains admissible.
In approximately 35% of appeal cases, the court reaches a different conclusion than the first judge. This occurs especially in complex legal questions where different interpretations prove possible.
How Do You Prevent Procedural Risks in Dutch Litigation?
Insure Legal Costs
Legal expense insurance often covers court proceedings up to €100,000 claims. Check policy conditions beforehand, particularly deductibles and waiting periods. Many insurers maintain a three-month waiting period for business disputes.
Place Conservatory Attachment
Do you expect the opposing party will dissipate assets? Then request permission for conservatory attachment from the preliminary relief judge prior to full proceedings. This prevents the defendant from making their assets untraceable before you obtain an enforceable title.
Assess Recovery Possibilities
A judgment without recovery possibilities holds little value. Therefore, investigate beforehand whether the opposing party possesses sufficient assets. For natural persons, you can request a solvency check. For legal entities, consult the Chamber of Commerce and credit reports.
Court proceedings in the Netherlands offer a reliable judicial framework to definitively settle business disputes. Dutch jurisprudence characterizes itself through thoroughness and independence, whereby judges weigh both statutory rules and reasonableness and fairness. Nevertheless, litigation requires investment in time, money, and energy. Therefore, an amicable settlement, possibly through mediation, often remains the preferred option – especially when you wish to maintain an ongoing business relationship.
Successful proceedings require thorough preparation, complete evidence, and professional legal assistance. Lawyers with procedural law expertise understand the specific requirements of writs of summons, statements, and pleadings. Moreover, they can assess which legal arguments carry most weight with the judge handling your case. This specialized knowledge significantly increases your success rate and prevents procedural errors that could lead to inadmissibility.
