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Legal costs in the Netherlands consist of court fees (griffierecht), lawyer fees, bailiff’s fees and sometimes a court expert. Court fees are fixed by law, and so are the bailiff’s fees a losing party pays. The loser pays the other side’s costs (Article 237 Dutch Code of Civil Procedure), but only a fixed amount for its lawyer.
This page is for foreign companies that want to sue in the Netherlands, or have been sued there, and need to budget for the case. As a Dutch lawyer at MAAK Advocaten in Amsterdam, I advise companies on this cost risk before they start or defend proceedings. The procedural steps are covered in filing a claim with the Dutch court.
What do legal costs in the Netherlands consist of?
A Dutch civil case has four cost items: the court fee, your lawyer’s fees, bailiff’s fees and, sometimes, a court-appointed expert. The law or the court fixes each of them, except what your own lawyer and bailiff invoice you.
| Cost item | Who sets the amount | Legal basis |
|---|---|---|
| Court fee (griffierecht) | Table annexed to the Court Fees in Civil Cases Act | Article 3(5) Court Fees in Civil Cases Act |
| Your lawyer’s fees | Agreement between you and your lawyer | No statutory scale |
| Bailiff’s fees for official acts | Your agreement with the bailiff; the Decree on bailiff tariffs fixes what the losing party pays | Article 240 DCCP |
| Court-appointed expert | The court | Article 191 DCCP |
If the court appoints an expert, the claimant normally pays an advance to the court registry, unless the court designates the other party or both parties (Article 187 DCCP).
What are the court fees in the Netherlands in 2026?
Court fees in 2026 depend on the court, the value of the claim and the type of party. A company pays €139 to €1,504 at the subdistrict court and €735 to €10,487 at the district court; the Netherlands Commercial Court charges €19,518.
The amounts follow from the table annexed to the Court Fees in Civil Cases Act (Wet griffierechten burgerlijke zaken), in the version in force since 1 January 2026 (Article 3(5)). The Minister can adjust them each year on 1 January in line with the consumer price index (Article 2). The claim in the writ of summons determines the category (Article 10(1)). A BV, an NV and a foreign legal entity pay the rate for non-natural persons, shown below as “company”.
| Court and value of the claim | Company | Natural person | Indigent party |
|---|---|---|---|
| Subdistrict court: indeterminate value or up to €500 | €139 | €93 | €93 |
| Subdistrict court: €500 to €1,500 | €350 | €233 | €93 |
| Subdistrict court: €1,500 to €2,500 | €397 | €265 | €93 |
| Subdistrict court: €2,500 to €5,000 | €529 | €265 | €93 |
| Subdistrict court: €5,000 to €12,500 | €559 | €265 | €93 |
| Subdistrict court: above €12,500 | €1,504 | €753 | €93 |
| District court: indeterminate value | €735 | €341 | €93 |
| District court: up to €100,000 | €3,083 | €1,414 | €93 |
| District court: €100,000 to €1,000,000 | €7,062 | €2,803 | €93 |
| District court: above €1,000,000 | €10,487 | €2,803 | €93 |
| Netherlands Commercial Court (NCC) | €19,518 | €19,518 | n/a |
| NCC preliminary relief judge | €9,759 | €9,759 | n/a |
| Court of appeal: indeterminate value or up to €12,500 | €851 | €373 | €373 |
| Court of appeal: €12,500 to €100,000 | €2,321 | €851 | €373 |
| Court of appeal: €100,000 to €1,000,000 | €7,003 | €2,192 | €373 |
| Court of appeal: above €1,000,000 | €14,007 | €2,192 | €373 |
| NCC Court of Appeal | €26,024 | €26,024 | n/a |
The subdistrict court (kantonrechter) hears claims up to €25,000 and, whatever the amount, employment, commercial agency, lease and consumer sale cases (Article 93 DCCP). The NCC fee only applies if, in an international dispute, the parties expressly agreed in writing to litigate in English before the Netherlands Commercial Court (Article 32a(1) DCCP).
Who pays the court fee, and by when?
The claimant pays a court fee, and so does every defendant that appears, except at the subdistrict court. The fee must reach the court’s account within four weeks; if the claimant pays late, the court in principle discharges the defendant from the proceedings.
The claimant owes the fee from the first time the case is called at a hearing or, failing that, from the first cause-list date, and must pay within four weeks; a defendant owes it from its appearance (Article 3(1) and (3)). A defendant before the subdistrict court pays nothing (Article 4(1)(b)). Parties that appear through the same lawyer with identical positions pay one joint fee (Article 15).
The amount in your writ of summons matters: increasing a monetary claim raises the fee (Article 12(1)), reducing it brings no refund (Article 13(1)). A counterclaim carries no separate court fee (Article 4(2)(b)).
If the claimant pays late, the court discharges the defendant and orders the claimant to pay the costs, after hearing it on the delay (Article 127a(2) DCCP). A defendant that pays late is treated under the default judgment rules (Article 128(6) DCCP). The court disapplies these consequences, wholly or partly, if applying them would be grossly unfair given a party’s interest in access to court (Articles 127a(3) and 128(7) DCCP). In summary proceedings (kort geding) they do not apply (Article 254(4) DCCP).
Important: a foreign company that has been sued in the Netherlands and misses the four-week payment period is dealt with under the default judgment rules, as if it had not defended the claim (Article 128(6) DCCP). International bank transfers take time. Have a Dutch litigation lawyer confirm the amount and the payment route as soon as the lawyer appears for you.
Have you received a Dutch writ of summons, or are you about to issue one? Send me the writ or your draft claim and I will tell you which court fee applies and what cost risk you take on, so you can act within the deadlines.
How do Dutch attorneys charge?
The fee of your own Dutch lawyer is agreed between you and the lawyer; the statutory scales on this page do not apply to it. What you pay depends on the time the case requires: its complexity and the number of procedural steps.
What drives the time spent:
- the number of written rounds before the oral hearing;
- witness hearings and a court-appointed expert;
- urgent steps, such as a pre-judgment attachment or summary proceedings (kort geding);
- an appeal, which is a new instance with a new court fee (Article 3(1) Court Fees in Civil Cases Act);
- enforcement of the judgment, in the Netherlands or abroad.
Ask for an estimate per stage and agree the basis of the fee in writing before work starts. Which stages your case needs depends on the defence the other side puts forward.
What do bailiffs charge in the Netherlands, and what can you recover?
Your own bailiff (gerechtsdeurwaarder) charges what you agree with the bailiff. For official acts, such as serving a writ or levying an attachment, the Decree on bailiff tariffs fixes what the losing party or debtor pays: €125.57 for a writ of summons in 2026.
The recoverable amounts are set per act in Article 2(1) of the Decree on bailiff tariffs (Besluit tarieven ambtshandelingen gerechtsdeurwaarders). Examples for 2026:
- writ of summons that starts the proceedings: €125.57;
- service of a judgment or other enforceable title: €136.71;
- attachment of movable property: €164.86;
- attachment of shares in a Dutch BV or NV: €356.32.
VAT is added only if the client cannot recover it and expressly declares so (Article 10 of the Decree). In a cost order, the court calculates bailiff’s costs at these rates (Article 240 DCCP); ask your own bailiff in advance what you will pay beyond them. Enforcement is covered in what a Dutch bailiff does.
Which costs does the losing party pay?
The losing party is ordered to pay the costs of the proceedings (Article 237(1) DCCP): the court fee, bailiff’s fees and an amount for the lawyer that the court sets. That amount follows the liquidatietarief and often falls short of the actual invoice.
The court can set the costs off where each party loses on some points, and can leave needlessly incurred costs with the party that caused them (Article 237(1)). For the lawyer, it includes an amount it determines itself (Article 238(2) and Article 239 DCCP).
The liquidatietarief is a points scale published on rechtspraak.nl. Each procedural step earns points, for example one point per written submission before the oral hearing (up to two) and one point for the oral hearing. The value per point depends on the value of the case. The courts follow it in principle. Amounts from 1 February 2026:
| Value of the claim | Per point, first instance (max. points) | Per point, appeal (max. points) |
|---|---|---|
| Below €10,000 | €554 (5) | €912 (3) |
| €10,000 to €20,000, or indeterminate value | €653 (6) | €1,290 (3) |
| €20,000 to €40,000 | €836 (7) | €1,670 (4) |
| €40,000 to €98,000 | €1,290 (10) | €2,352 (6) |
| €98,000 to €195,000 | €2,051 (no maximum) | €3,797 (no maximum) |
| €195,000 to €390,000 | €2,885 (no maximum) | €4,707 (no maximum) |
| €390,000 to €1,000,000 | €3,723 (no maximum) | €5,619 (no maximum) |
| Above €1,000,000 | €4,631 (no maximum) | €6,609 (no maximum) |
In summary proceedings the court normally awards €1,177 for the lawyer (€760 in simple cases, up to €1,766 in complex ones). The subdistrict court uses a separate scale. The Supreme Court has explained why the award is limited: parties should not be deterred from bringing or defending a case by the fear of a large costs order (ECLI:NL:HR:2017:2366, para. 3.5.3).
Important: before you issue a claim, compare the amount you could recover under the liquidatietarief with the fees you expect to pay. The difference stays with you even if you win, and if you lose you also pay the other side’s court fee and tariff amount (Article 237(1) DCCP). Ask a Dutch litigation lawyer to weigh both sides of that cost risk before the writ of summons is served.
When can you recover your actual legal costs?
Recovering your actual legal costs is the exception. It is possible in intellectual property cases, against a claimant that loses a case against public participation, and where the other side abused procedural law, which courts accept with restraint.
Save for particular circumstances, Articles 237 to 240 DCCP govern the costs a losing party can be ordered to pay exhaustively (Supreme Court 15 September 2017, ECLI:NL:HR:2017:2366, para. 3.5.2). Full compensation then requires abuse of procedural law or a wrongful act. Bringing a claim is only abusive if, given its evident lack of merit and the interests of the other party, it should not have been brought. That can only be the case if the claimant based its claim on facts it knew or should have known were untrue, or on arguments it should have understood from the outset had no chance of success (Supreme Court 6 April 2012, ECLI:NL:HR:2012:BV7828 (Duka/Achmea), para. 5.1). Courts apply this with restraint, given the right of access to court.
Two statutory rules go further. In cases enforcing intellectual property rights, such as copyright, patents and Benelux trade marks (Article 1019 DCCP), the losing party is ordered, on request, to pay the reasonable and proportionate legal costs of the winner, unless fairness requires otherwise (Article 1019h DCCP). A claimant that loses a strategic lawsuit against public participation (SLAPP) pays the full costs of the other side, unless reasonableness and fairness stand in the way (Article 237(6) and (7) DCCP).
A contract clause that the loser pays all costs can be reduced by the court of its own motion, though not below the costs under the statutory rules or, for extrajudicial costs, a reasonable amount (Article 242(1) DCCP). Whether your case qualifies for more than the tariff depends on what the other side knew and on the documents that prove it.
Which debt collection costs can you recover?
In a commercial transaction you can claim at least €40 in extrajudicial collection costs, due without a reminder from the day after the payment deadline (Article 6:96(4) Dutch Civil Code). Above that, reasonable out-of-court collection costs can be claimed.
Those costs are damages under Article 6:96(2)(c) of the Dutch Civil Code. For contractual payment obligations, the Decree on compensation for extrajudicial collection costs sets a sliding scale from a minimum of €40 to a maximum of €6,775 (Articles 1 and 2); the calculation is explained on our page on collection costs in the Netherlands. Between businesses, the contract can provide otherwise, but the €40 minimum cannot be excluded to the creditor’s detriment (Article 6:96(4)), and the court can reduce an agreed higher amount, though not below a reasonable amount (Article 242(1) DCCP). Against a consumer, the scale cannot be departed from to the consumer’s detriment, and the costs are only due after a reminder giving fourteen days to pay (Article 6:96(5) and (6)).
Once the matter goes to court, work that the costs order already covers, such as preparing court documents, cannot also be claimed as collection costs (Article 241 DCCP). For the full collection route, see our guide to debt collection in the Netherlands.
Do foreign claimants have to provide security for costs?
A claimant without a domicile or habitual residence in the Netherlands can be ordered, at the defendant’s request, to provide security for the costs it may have to pay (Article 224(1) DCCP). There are important exemptions.
This security (cautio judicatum solvi) is not required if (Article 224(2) DCCP):
- a treaty or an EU regulation rules it out;
- a Dutch costs order can be enforced where the claimant is based;
- it is reasonably plausible that a costs order can be recovered in the Netherlands;
- the security would block the claimant’s effective access to court.
The defendant must make the request before all other defences (Article 224(3)), and the judgment states the amount (Article 224(5)). Whether you are exempt depends on where your company is based and on the assets it holds in the Netherlands.
Important: if you are sued in the Netherlands by a claimant based abroad, the request for security has to come before any other defence (Article 224(3) DCCP). If it is raised later, you risk losing it. Before your first written defence is filed, let a Dutch litigation lawyer check whether you can demand security.
You have received a Dutch writ of summons: what will defending cost?
As a defendant at the district court, you pay the court fee for the claim’s category within four weeks of appearing, through a Dutch lawyer. If you win, you recover that fee and the tariff amount; if you lose, you pay the claimant’s.
Suppose: a German machine supplier is sued before a Dutch district court by a Dutch trading company (a BV) for €150,000. As a company, the supplier pays a court fee of €7,062 when it appears (table annexed to the Court Fees in Civil Cases Act). The case goes through a statement of defence and an oral hearing, which the liquidatietarief values at one point each.
- If the supplier wins, it recovers €7,062 in court fees and 2 × €2,051 = €4,102 towards its lawyer’s fees. The rest of its own lawyer’s invoice stays with the supplier.
- If the supplier loses, it pays the claim and the BV’s costs: the BV’s court fee of €7,062, the bailiff’s fee of €125.57 for the writ of summons and the same tariff amount of €4,102.
The court decides on the points in its judgment, so these figures are an illustration, not a forecast.
When do you need a Dutch lawyer?
You need a Dutch lawyer (advocaat) for almost any case outside the subdistrict court; only a defendant in summary proceedings may appear in person (Article 79(2) and Article 255(1) DCCP). Even where it is optional, have the cost risk assessed first.
These are the moments where a decision fixes your costs:
- before the writ of summons is issued, because the amount claimed fixes the court fee;
- when a writ of summons arrives, because the fee and any request for security are time-bound;
- before you claim actual legal costs, which requires evidence;
- before you agree a cost clause, because the court can reduce it;
- before an appeal, which brings a new court fee and cost risk.
How does MAAK Advocaten work in these cases?
I act for companies as claimant and as defendant in Dutch civil proceedings at first instance and on appeal, including summary proceedings. At the start of a case, the deadlines, the court fee and the cost risk on both sides need to be checked.
Once costs are counted, an early settlement can be the better result. You can read more about our litigation attorneys in the Netherlands.
Frequently asked questions about legal costs in the Netherlands
How much does a lawyer cost in the Netherlands?
The fee of a Dutch lawyer is agreed between client and lawyer; no statutory scale applies to it. It depends on the time the case requires. If you win, the court awards only a fixed amount towards those fees under the liquidatietarief.
How much are Dutch court fees in 2026?
That depends on the court, the value of the claim and the type of party. At the district court, a company pays €735 to €10,487; the Netherlands Commercial Court charges €19,518. The full 2026 table is above.
Who pays the legal costs in a Dutch court case?
The losing party (Article 237(1) DCCP). It pays the court fee, the bailiff’s fees and a fixed amount for the lawyer under the liquidatietarief, often lower than the actual invoice.
Can you recover your actual legal costs in the Netherlands?
Only exceptionally: if the other side abused procedural law, which courts accept with restraint; in intellectual property cases (Article 1019h DCCP); and against a claimant that loses a SLAPP case, unless reasonableness and fairness stand in the way.
When should a foreign company involve a Dutch lawyer about legal costs?
Before a writ of summons is issued or as soon as one is received, while the court fee, the payment deadline and any request for security for costs are still open. A Dutch litigation lawyer, such as those at MAAK Advocaten in Amsterdam, can assess the cost risk on both sides before you commit.
Primary sources
- Dutch Code of Civil Procedure (Wetboek van Burgerlijke Rechtsvordering): Articles 32a, 79, 93, 127a, 128, 187, 191, 224, 237, 238, 239, 240, 241, 242, 254, 255, 1019 and 1019h
- Court Fees in Civil Cases Act (Wet griffierechten burgerlijke zaken), version in force since 1 January 2026, including the annexed table: Articles 2, 3, 4, 10, 12, 13 and 15
- Dutch Civil Code (Burgerlijk Wetboek), Book 6: Article 6:96
- Decree on compensation for extrajudicial collection costs (Besluit vergoeding voor buitengerechtelijke incassokosten), Articles 1 and 2
- Decree on bailiff tariffs (Besluit tarieven ambtshandelingen gerechtsdeurwaarders), Articles 2 and 10
- Liquidatietarief rechtbanken en gerechtshoven per 1 februari 2026, Rechtspraak
- Supreme Court 6 April 2012, ECLI:NL:HR:2012:BV7828 (Duka/Achmea)
- Supreme Court 15 September 2017, ECLI:NL:HR:2017:2366
Weighing whether a Dutch case is worth its cost, or facing a claim? Send me the documents and the amount at stake, and I will tell you which costs you face, what you can recover and which decision comes first. Contact me about your Dutch court case.
