Filing a counterclaim in response to a summons under Dutch Law

Published on 3 April 2026 · Last updated 28 October 2026

A defendant in Dutch civil proceedings may bring its own claim against the claimant in the same case: a counterclaim (eis in reconventie). It must be brought immediately with the statement of defence (Article 137 Dutch Code of Civil Procedure), and both claims are then in principle decided together in one final judgment (Article 138(1)).

This page is for foreign companies that have received a Dutch writ of summons and believe the claimant owes them money or performance too: unpaid invoices, damages for late delivery, a penalty under the contract. You will read when a counterclaim is allowed, when it must be filed, how it differs from set-off, which court hears it and what it means for costs. If you have just been served, read first what to do after receiving a Dutch writ of summons.

What is a counterclaim under Dutch law?

A counterclaim is an independent claim by the defendant against the claimant, brought in the proceedings the claimant started. The defendant is entitled to bring one, unless the claimant sued in a particular capacity (for example as a trustee) and the counterclaim concerns him personally, or the other way round (Article 136 Rv).

The counterclaim does not have to arise from the same contract as the claim. A supplier sued for late delivery may counterclaim for an unpaid invoice from an earlier order. Dutch procedural law does, however, use connection between the claims in two places: for international jurisdiction and for the choice of court within the Netherlands (see below).

In the judgment, the original claim is called the claim “in conventie” and the counterclaim the claim “in reconventie”. The claimant becomes the defendant in the counterclaim and can defend itself against it in the same proceedings.

When must you file a counterclaim in the Netherlands?

With the statement of defence, and not later. The law says the counterclaim must be brought “immediately with the answer” (Article 137 Rv). A counterclaim that is not included in the statement of defence cannot be added in a later written round.

The court sets the date for the statement of defence. The defendant files it on the first docket date or on a later date the court sets (Article 128(2) Rv), and extensions are possible within the limits the court allows (Article 133 Rv). When a term passes without extension, the right to perform that procedural step lapses (Article 133(4)). In practice, therefore, the deadline for the counterclaim is the same as for the defence, and both must be ready at the same time.

The defendant must also raise all procedural objections and its full defence on the merits in the same document (Article 128(3) Rv) and state its evidence and witnesses (Article 128(5)). The counterclaim must state the claim and its grounds and, as for a writ, the defences the claimant has already raised and the available evidence and witnesses (Article 137 in conjunction with Article 111(3) Rv).

Moment	What the defendant must do	Legal basis
First docket date or later date set by the court	Appear through a lawyer (or in person in subdistrict cases) and file the statement of defence	Art. 128 Rv
Same document	All procedural objections, full defence, evidence and witnesses	Art. 128(3) and (5) Rv
Same document	Counterclaim, with claim, grounds and evidence	Art. 137 and 111(3) Rv
Later in first instance	Change or increase an existing counterclaim, subject to good procedural order	Art. 130 Rv
On appeal	No new counterclaim possible	Art. 353(1) Rv

Have you received a Dutch summons and a deadline for your defence? A counterclaim that is not ready on that date is lost for these proceedings. Ask our civil litigation team to assess your position early.

Counterclaim or set-off: which do you need?

Set-off (verrekening) is a defence: you declare that your claim and the claimant’s claim cancel each other out up to the lower amount (Article 6:127 Dutch Civil Code). A counterclaim is an attack: you ask the court to order the claimant to pay or perform.

Set-off only works if you have a claim that matches your debt and that you can enforce, against the same party (Article 6:127(2)). It cannot lead to payment of any surplus. If your claim is higher than the claimant’s, or if you want a ruling on something other than money, you need a counterclaim. The court may also grant the claimant’s claim despite a set-off defence if the validity of that defence cannot easily be established (Article 6:136 Dutch Civil Code). Many defendants therefore invoke set-off as a defence and bring the same claim as a counterclaim in the alternative.

Which court hears a counterclaim?

The court that hears the original claim. Where no EU regulation or treaty applies, a Dutch court with jurisdiction over the claim also has jurisdiction over the counterclaim, unless the two are insufficiently connected (Article 7(2) Rv). If the claimant is domiciled in another EU Member State, the Brussels I bis Regulation gives the court of the original claim jurisdiction over a counterclaim that arises from the same contract or facts; for other counterclaims, the court needs another ground of jurisdiction (Article 8(3) Brussels I bis Regulation (EU) No 1215/2012).

Within the Netherlands, the split between the subdistrict judge (kantonrechter) and the civil section of the district court can matter. The subdistrict judge hears, among other things, money claims up to EUR 25,000 including interest up to the date of the summons, and cases about employment, agency, lease and consumer purchase regardless of amount (Article 93 Rv; amounts as at October 2026). A counterclaim is heard by the judge who hears the original claim, insofar as the connection between the claims opposes separate treatment (Article 97(1) Rv). If one of the claims is a subdistrict case by its nature, such as an agency dispute, the subdistrict judge hears both insofar as the connection requires (Article 94(3) Rv).

If the contract contains an arbitration clause, the court must declare itself without jurisdiction over the counterclaim if the claimant invokes that clause before any other defence (Article 1022 Rv).

How is a counterclaim decided?

The claim and the counterclaim are handled together and decided in one final judgment, unless the court finds that one of them can be decided earlier (Article 138(1) Rv). The cases are split if the court refers one of them to a different procedure or court, or declares itself without jurisdiction over it (Article 138(2)).

After the defence and counterclaim, the claimant files a statement of defence in the counterclaim, and the court usually schedules an oral hearing. The general rules of evidence apply to both claims: whoever relies on facts must prove them, and the court may order witnesses or a court-appointed assessor. For more, see evidence in Dutch civil law.

If the defendant does not appear in time or fails to pay the court fee despite proper notice, the court grants judgment in default and allows the claim unless it seems unlawful or unfounded (Article 139 Rv). A defendant that does not appear cannot counterclaim, unless it later opposes the default judgment in time (verzet, Article 143 Rv).

What does a counterclaim mean for legal costs?

The losing party is ordered to pay the costs of the proceedings. Where both parties lose on some points, the court may set off the costs, so that each party bears its own (Article 237(1) Rv).

Dutch cost orders follow fixed scales and rarely cover the actual lawyer fees. A counterclaim also adds work and, depending on the court and the claim, a court fee. Weigh this against the benefit of having both disputes decided at once, by the same judge, on the same evidence, instead of starting separate proceedings later.

Example: a supplier sued for late delivery

A Belgian manufacturer of packaging machines is summoned before the District Court of Amsterdam by a Dutch food producer. The producer claims damages for a machine that was delivered three months late. The manufacturer believes the delay was caused by changes the producer asked for during construction, and the producer has not paid the last instalment of the price.

In its statement of defence, the manufacturer disputes the late delivery with emails and change orders, invokes set-off against the unpaid instalment as a defence, and in the alternative brings a counterclaim for payment of that instalment plus statutory commercial interest. Because the counterclaim arises from the same contract, the Dutch court has jurisdiction over it. The court hears both claims together. The example is illustrative and not based on a specific case.

When should you involve a Dutch lawyer for a counterclaim?

As soon as you receive the writ of summons. The counterclaim must be in the statement of defence, which in most cases at the district court must be filed by a Dutch lawyer.

MAAK Advocaten in Amsterdam defends foreign and Dutch companies in civil proceedings before Dutch district courts and courts of appeal. We assess whether a counterclaim, set-off or both is the best response, prepare the statement of defence with the counterclaim and represent you at the hearing. Read more about our litigation practice in the Netherlands or about dispute resolution in the Netherlands.

Frequently asked questions about counterclaims under Dutch law

When is the deadline for a counterclaim in Dutch proceedings?

A counterclaim must be brought together with the statement of defence (Article 137 Rv). The court sets the date for the defence; if that date passes without an extension, the right to file it lapses (Article 133(4) Rv).

Can I file a counterclaim in a Dutch appeal?

No. In appeal proceedings, no counterclaim can be brought (Article 353(1) Rv). A counterclaim that was brought in first instance can be pursued on appeal, but a new one cannot be added.

Does a counterclaim have to concern the same contract?

Not under Article 136 Rv. But for international jurisdiction the Dutch court needs sufficient connection between the claims (Article 7(2) Rv), and if the claimant is domiciled in another EU Member State, Brussels I bis covers counterclaims that arise from the same contract or facts.

What is the difference between set-off and a counterclaim?

Set-off is a defence that cancels both debts up to the lower amount (Article 6:127 Dutch Civil Code). A counterclaim asks the court to order the claimant to pay or perform, including any amount above the claim.

Who pays the costs if both claims partly succeed?

The court can then set off the costs between the parties, so that each bears its own (Article 237(1) Rv). Cost orders follow fixed scales and rarely cover the full lawyer fees.