Filing a Lawsuit in the Dutch Legal System

Published on 19 October 2023 · Last updated 23 October 2026

To start a lawsuit in the Netherlands, a bailiff serves a writ of summons (dagvaarding) on the defendant. The writ states the claim and its grounds, the defendant’s known defences and your evidence (Article 111 Dutch Code of Civil Procedure). Before the subdistrict judge you may litigate in person; otherwise a lawyer is as a rule required (Article 79).

Key Takeaways

The initial consultation and case assessment with a legal representative is essential to understanding whether it is worth filing a lawsuit in the Dutch legal system, as well as the necessary steps, timeframes, and potential outcomes.
The writ of summons must set out the claim and its grounds, the defences the defendant has already raised and the evidence and witnesses you can rely on (Article 111(2) and (3) Code of Civil Procedure, Wetboek van Burgerlijke Rechtsvordering, “Rv”).
Outside the subdistrict court (kantonrechter), the parties must as a rule be represented by a lawyer (advocaat). Before the kantonrechter you may litigate in person or through an authorised representative.
Adequate evidence is essential in presenting a strong argument and increasing the chances of a favorable outcome in court. It is important to collect and organize relevant evidence before filing the lawsuit.

What happens in the first consultation?

During the initial consultation, the plaintiff meets with their legal representative to discuss the details of their case and determine the viability of filing a lawsuit in the Dutch legal system. This stage is essential, as it sets the foundation for the entire litigation process.

The importance of legal representation in the Netherlands becomes evident during this phase, as the attorney provides guidance and expertise to the plaintiff. They explain the legal process, including the necessary steps, timeframes, and potential outcomes. The attorney helps the plaintiff understand the strengths and weaknesses of their case, assess the available evidence, and determine the likelihood of success.

Additionally, the legal representative in Holland advises on the potential costs involved, and the potential risks associated with pursuing legal action. Through this initial consultation, the plaintiff gains clarity on the legal process, enabling them to make informed decisions about proceeding with a lawsuit in the Dutch legal system.

How do you prepare the claim?

After the initial consultation, the next step is preparing the writ of summons. Dutch law prescribes what the writ must contain (Article 111(2) and (3) Rv).

Here are four essential steps to consider when drafting the writ and gathering evidence:

Identify the parties: the writ must state the name and domicile (woonplaats) of the claimant and of the defendant (Article 45(3) Rv).
Set out the claim and its grounds, the defences the defendant has raised before the proceedings and the grounds for them, and the evidence and witnesses you can rely on (Article 111(2)(d) and (3) Rv).
Gather supporting evidence: compile all relevant documents, such as contracts, correspondence and records, to support the claims in the writ (Article 111(3) Rv).
Instruct a lawyer: in cases outside the kantonrechter, the writ must state the name and office address of the lawyer acting for the claimant (Article 111(2)(c) Rv).

Which court hears the case, and how is the lawsuit filed?

Proceedings start when a bailiff (gerechtsdeurwaarder) serves the writ of summons on the defendant; the case is pending from the day of service (Article 111(1) and Article 125(1) Rv). The period between service and the docket date (roldatum) stated in the writ is at least one week (Article 114 Rv). The claimant must then file the writ with the court registry no later than the last day the registry is open before that docket date (Article 125(2) Rv).

Civil cases start at a district court (rechtbank). Within it, the subdistrict judge (kantonrechter) hears claims up to € 25,000 (including interest accrued up to the date of the writ), claims of indeterminate value that clearly do not exceed € 25,000, and cases on employment, commercial agency, lease, consumer sale and consumer credit regardless of the amount (Article 93 Rv). As a rule, the court of the defendant’s domicile has territorial jurisdiction (Article 99(1) Rv). If the defendant is domiciled in another EU Member State, the Brussels I bis Regulation applies: in principle you sue in that Member State (Article 4(1)), but a contract claim can also be brought at the place of performance and a tort claim at the place where the harmful event occurred (Article 7(1) and (2)).

Each claimant and each defendant who appears pays a court fee (griffierecht) for each instance, but no court fee is charged to the defendant in subdistrict cases (Article 4(1)(b); Article 3(1) Court Fees Act in Civil Cases). Since 1 January 2026, a company pays between € 139 and € 1,504 in subdistrict cases and a natural person between € 93 and € 753, depending on the amount claimed. In other district court cases a company pays € 735 (indeterminate value), € 3,083 (up to € 100,000), € 7,062 (above € 100,000 up to € 1,000,000) or € 10,487 (above € 1,000,000); a natural person pays € 341, € 1,414 or € 2,803 (annex to the Court Fees Act). As a rule, the losing party is ordered to pay the costs of the proceedings (Article 237(1) Rv).

Before the kantonrechter you may litigate in person or through an authorised representative (Article 79(1) and Article 80(1) Rv). In all other cases the parties must litigate through a lawyer (advocaat) (Article 79(2) Rv); in summary proceedings (kort geding) the defendant may also appear in person (Article 255(1) Rv).

Additionally, before filing the lawsuit, it is essential to collect and organize all relevant evidence to support your claims. This includes gathering documents, statements, photographs, or any other material that can back up your case. Adequate evidence is essential for presenting a strong argument and increasing the chances of a favorable outcome in court.

How is the defendant served?

The writ of summons is always served by a bailiff (Article 45(1) Rv). For a defendant in another EU Member State, service follows Regulation (EU) 2020/1784 on the service of documents (Article 56 Rv). For other countries, Article 55 Rv applies, which refers among other things to the Hague Service Convention of 15 November 1965.

Service in person or at the domicile: the bailiff leaves a copy of the writ with the defendant in person, or at its domicile with a member of the household or another person present there who can be expected to pass it on in time (Article 46(1) Rv).
Closed envelope or post: if the bailiff cannot leave the copy with anyone, he leaves it at the domicile in a closed envelope or, if that is impossible, sends it by post. No court permission is needed (Article 47(1) Rv).
Challenging jurisdiction: a defendant who argues that the Dutch courts lack international jurisdiction must do so before any defence on the merits, or it loses that right (Article 11 Rv). The same applies to the objection that another Dutch court has territorial jurisdiction (Article 110(1) Rv).
Time limits: the writ must be served at least one week before the docket date (Article 114 Rv) and filed with the registry in time (Article 125(2) Rv). If it is filed late, the case lapses, unless a valid repair writ (herstelexploot) is served within two weeks after the docket date (Article 125(5) Rv).

What happens at the hearing?

After service, the defendant files a statement of defence (conclusie van antwoord), after paying any court fee due. It must raise all procedural objections and its defence on the merits at the same time (Article 128(2) and (3) Rv). The court then as a rule orders an oral hearing (mondelinge behandeling), unless it considers the case unsuitable for one (Article 131 Rv).

The judge leads the hearing. It is not a trial with cross-examination as in common law systems. The judge gives the parties the opportunity to explain their positions and can ask them for information, let them substantiate their positions further, attempt a settlement and give directions for the rest of the proceedings (Article 87(2) Rv). Witnesses and party experts can only be heard at the hearing with the court’s prior permission (Article 87(3) Rv). Documentary evidence is therefore usually submitted in advance, with the writ and the statement of defence.

What the parties submit	What the judge can do at the hearing (Article 87 Rv)
Documents (contracts, correspondence, invoices)	Ask the parties for information
Witness statements	Hear witnesses and party experts, with prior permission
Expert reports	Attempt a settlement and give directions

Frequently asked questions about filing a lawsuit in the Netherlands

Do you need a lawyer to file a lawsuit in the Netherlands?

Not before the kantonrechter, which hears claims up to € 25,000 and, for example, employment and lease cases: there you may litigate in person or through an authorised representative (Articles 79(1), 80(1) and 93 Rv). In other cases the parties must as a rule be represented by a lawyer (advocaat) (Article 79(2) Rv); in summary proceedings the defendant may also appear in person (Article 255(1) Rv).

How much is the court fee for a lawsuit in 2026?

It depends on the court, the amount claimed and whether you are a company or a natural person. At the district court (non-subdistrict cases) a company pays € 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 pays between € 139 and € 1,504 (annex to the Court Fees Act, since 1 January 2026). A defendant who appears pays a court fee as well (Article 3(1) Court Fees Act), except in subdistrict (kantonrechter) cases (Article 4(1)(b) Court Fees Act).

What happens if the defendant does not respond to the writ of summons?

If the defendant does not appear, the court grants judgment by default (verstek) and allows the claim, unless it considers the claim unlawful or unfounded (Article 139 Rv). As a rule, the defendant can lodge an objection (verzet) within four weeks after the judgment has been served on it in person, or eight weeks if it has no known domicile in the Netherlands but its address abroad is known (Article 143 Rv).

Can you sue a foreign company before a Dutch court?

Yes, if the Dutch court has jurisdiction. For a defendant domiciled in another EU Member State, the Brussels I bis Regulation applies: in principle the courts of that Member State have jurisdiction (Article 4(1)), but a contract claim can also be brought at the place of performance and a tort claim at the place of the harmful event (Article 7(1) and (2)). A defendant who disputes jurisdiction must do so before any defence on the merits (Article 11 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(1) and (2) Rv). No appeal is possible if the claim did not exceed € 1,750, unless the law provides otherwise (Article 332(1) Rv). An appeal in cassation to the Supreme Court must be lodged within three months, and within eight weeks in summary proceedings (Articles 398 and 402 Rv).

How does a Dutch lawsuit run from start to finish?

Overall, the process of filing a lawsuit in the Dutch legal system involves several steps. First, there is an initial consultation with an attorney. This is where you discuss your case and determine whether it is worth pursuing legal action.

Next, you need to prepare the writ of summons. This involves gathering all relevant evidence and drafting a formal document setting out the details of your case.

Once the writ of summons is ready, a bailiff serves it on the defendant and you then file it with the court registry before the docket date (Article 125(1) and (2) Rv). The defendant files a statement of defence after paying its court fee (Article 128(2) Rv).

Finally, the court usually holds an oral hearing at which both parties explain their positions (Articles 87 and 131 Rv), after which it 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(1) Rv).