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To start ordinary civil proceedings, you have a bailiff serve a writ of summons (dagvaarding) on the defendant. The writ must state the claim and its grounds, the defences you know of and your evidence (Article 111 Dutch Code of Civil Procedure). Outside the subdistrict court, the parties must as a rule be represented by a lawyer (Article 79(2)); in summary proceedings the defendant may also appear in person (Article 255(1)).
Before you start, collect the contract, the correspondence, invoices and any other evidence. Under Dutch law the writ of summons must already set out the evidence and the witnesses you can rely on (Article 111(3) Code of Civil Procedure, Wetboek van Burgerlijke Rechtsvordering, “Rv”). Below we explain which procedure and which court apply, what it costs and how the case continues. Our team also advises on filing damage claim against opposing party.
How does civil litigation work in the Netherlands?
Whenever there is a dispute between you and another individual or organization in the Netherlands which is governed by Dutch law — whether it concerns financial matters, nuisances, or any other issues — such cases usually fall under Dutch civil litigation.
If mutual resolution seems out of reach, you can seek the court’s intervention for judgment in the Netherlands.
Which types of procedure exist?
1. What are summary proceedings (kort geding)?
Should the matter be of urgent nature, a summary proceeding in the Netherlands or kort geding is an option. In these civil proceedings in the Netherlands, the judge provides a swift and interim decision.
For instance:
- You can request the payment of overdue wages.
- Seek prohibition against the publication of a specific book or content.
The preliminary relief judge (voorzieningenrechter) can grant an immediate provisional measure in urgent cases (Article 254 Rv). The decision is provisional: it does not prejudice the case on the merits (Article 257 Rv). Either party can still start ordinary proceedings (dagvaardingsprocedure). An appeal against a judgment in summary proceedings must be lodged within four weeks (Article 339(2) Rv).
2. What is ordinary litigation (dagvaardingsprocedure)?
The dagvaardingsprocedure is a thorough, extensive procedure that you can undertake to resolve your conflict. This procedure provides a platform to address and reach a resolution in more complex cases.
Which Dutch Court Should You Approach?
Civil cases start at a district court (rechtbank), which hears all civil cases at first instance (Article 42 Judiciary Organisation Act). Within the district court, the subdistrict judge (kantonrechter) deals with the cases listed in Article 93 Rv (Article 47 Judiciary Organisation Act); all other cases go to the civil division. As a rule, the court of the defendant’s domicile has jurisdiction (Article 99 Rv); in tort cases also the court of the place where the harmful event occurred (Article 102 Rv). In cross-border cases within the EU, the Brussels I-bis Regulation decides: a defendant domiciled in a Member State is in principle sued there (Article 4(1)), but a contract claim can also be brought at the place of performance (Article 7(1)).
Kantonrechter (subdistrict judge)
The kantonrechter deals with:
- Claims up to € 25,000, including interest accrued up to the date of the writ, and claims of indeterminate value that clearly do not exceed € 25,000 (Article 93(a) and (b) Rv).
- Cases about employment, commercial agency, lease, consumer sale and consumer credit, irrespective of the amount (Article 93(c) Rv).
For cases at this level:
- The parties may litigate in person or be represented by an authorised representative; a lawyer is not required (Article 79(1) and 80(1) Rv).
- Both the claimant and a defendant who appears pay a court fee (Article 3(1) Court Fees Act in Civil Cases). In 2026 it ranges from € 139 to € 1,504 for companies and from € 93 to € 753 for natural persons, depending on the amount claimed (annex to the Court Fees Act).
Civil division of the district court
The civiele rechter presides over:
- Cases involving amounts exceeding €25,000.
- Matters that can’t be represented in monetary terms, such as the presence or absence of an agreement or issues like noise disturbances.
For these cases:
- Both parties must be represented by a lawyer (advocaat) (Article 79(2) Rv).
- Both parties pay a court fee (Article 3(1) Court Fees Act). In 2026 a company pays € 735 for a claim of indeterminate value, € 3,083 for a claim up to € 100,000, € 7,062 for a claim above € 100,000 up to € 1,000,000 and € 10,487 above that. For natural persons the fees are € 341, € 1,414 and € 2,803 (above € 100,000).
An Overview of a Dutch Civil Lawsuit
Each lawsuit in the Netherlands takes its unique path, but the general process includes:
- Commencement: a bailiff (gerechtsdeurwaarder) serves the writ of summons on the defendant. The ordinary period between service and the first docket date (roldatum) is at least one week (Article 114 Rv).
- Filing with the court: the case is pending from the day of service (Article 125(1) Rv). The claimant must file the writ with the court registry no later than the last day the registry is open before the docket date; if not, the case lapses (Article 125(2) and (5) Rv).
- Response: the defendant files a statement of defence (conclusie van antwoord) after paying the court fee, and must raise all procedural objections and its defence on the merits at the same time (Article 128(2) and (3) Rv).
- Judge’s Deliberation: The judge then examines the case and the evidence presented.
- Judgment and appeal: the court gives a written judgment. An appeal to the court of appeal must be lodged within three months (Article 339(1) Rv), unless the claim did not exceed € 1,750 (Article 332(1) Rv). An appeal in cassation to the Supreme Court is possible within three months of the appeal judgment (Articles 398 and 402 Rv).
Can you litigate in English?
Yes, before the Netherlands Commercial Court (NCC), the international commercial chamber of the Amsterdam District Court and Court of Appeal. The dispute must be international, the parties must have expressly agreed in writing to litigate there, and subdistrict cases are excluded (Article 32a(1) Rv). The court fee at first instance is € 19,518 in 2026 (annex to the Court Fees Act).
When is mediation an option?
In certain situations, mediation—a process involving a neutral third-party mediator—may be more advantageous, faster, and cost-effective than pursuing legal action.
Preparing for the Dutch court Hearing
It’s rare for individuals to be in court frequently. Hence, understanding the court’s expectations and adequately preparing for the hearing is essential.
The Role of a Dutch Judge
A judge’s responsibility isn’t solely limited to interpreting the law. They also weigh the interests of the parties involved, ensuring fairness and impartiality.
Seeking Legal Advice in the Netherlands
Even when a litigation attorney in the Netherlands isn’t mandatory, it’s often wise to seek legal counsel. This advice can come in various forms and from different sources.
Final Thoughts
Understanding the details of the legal world can be daunting. However, with the right information, you can find your way through with confidence. Remember, every situation is unique, and it’s essential to approach each case with an open mind and proper preparation.
Frequently asked questions about filing a claim with the Dutch court
Do you need a lawyer to file a claim with a Dutch court?
Only outside the subdistrict court. Before the kantonrechter (claims up to € 25,000 and, for example, employment and lease cases) parties may litigate in person. In other cases the parties must as a rule be represented by a lawyer (advocaat) (Articles 79 and 93 Code of Civil Procedure); in summary proceedings the defendant may also appear in person (Article 255(1)).
How much is the court fee for a civil claim in 2026?
It depends on the court, the amount claimed and whether you are a company or a natural person. For a company, the fee at the district court is € 3,083 for a claim up to € 100,000 and € 7,062 for a claim above € 100,000 up to € 1,000,000; in subdistrict cases it ranges from € 139 to € 1,504 (annex to the Court Fees Act in Civil Cases). The defendant pays a fee as well (Article 3(1)).
Which court has jurisdiction over a claim against a company in another EU country?
The Brussels I-bis Regulation decides. In principle, you sue the defendant in the Member State where it is domiciled (Article 4(1)). In contract cases you can also sue at the place of performance, for goods the place of delivery (Article 7(1)). Within the Netherlands, the court of the defendant’s domicile is competent as a rule (Article 99 Rv).
How long do you have to appeal a Dutch judgment?
Three months from the date of the judgment, and four weeks in summary proceedings (Article 339 Rv). No appeal is possible if the claim did not exceed € 1,750 (Article 332 Rv). An appeal in cassation to the Supreme Court must be lodged within three months (Article 402 Rv).
Can a case be heard in English in the Netherlands?
Yes, before the Netherlands Commercial Court in Amsterdam, if the dispute is international and the parties have expressly agreed in writing to litigate there (Article 32a Rv). The court fee at first instance is € 19,518 in 2026.
Primary sources
- Dutch Code of Civil Procedure (Wetboek van Burgerlijke Rechtsvordering): Articles 32a, 79, 80, 93, 99, 102, 111, 114, 125, 128, 254, 257, 332, 339, 398 and 402
- Court Fees Act in Civil Cases (Wet griffierechten burgerlijke zaken): Article 3 and the annex (table of court fees), version 1 January 2026
- Judiciary Organisation Act (Wet op de rechterlijke organisatie): Articles 42 and 47
- Regulation (EU) No 1215/2012 (Brussels I-bis), Articles 4 and 7
Filing a claim with the Dutch court?
Our seasoned professionals will evaluate the strength of your case, advise on the best legal strategy, and guide you on the specifics of filing a claim with the Dutch court. This consultation ensures that you’re well-prepared and informed at every step.
At MAAK Advocaten, we pride ourselves on offering in-depth knowledge and experience in working through this system. Our expertise ensures that when we represent you in filing a claim with the Dutch court, your case is handled with the utmost precision and professionalism.
