Legal proceedings in the Netherlands

Published on 15 March 2023 · Last updated 28 October 2026

Legal proceedings in the Netherlands usually start with a writ of summons (dagvaarding): a bailiff serves it on the defendant, after which the claimant files it with the court (Articles 45, 111 and 125 Dutch Code of Civil Procedure, DCCP). The subdistrict court in principle hears claims of up to €25,000, without a mandatory lawyer; other cases go to the district court, generally through a lawyer (Articles 93 and 79).

This page gives foreign businesses an overview of civil and commercial litigation in the Dutch courts: the court system, preparation, starting and serving a case, evidence, costs, default judgments, appeal, interim measures and enforcement. Some matters must be started by an application (verzoekschrift) instead, where the law so provides (Article 261 DCCP). For the claim itself step by step, see filing a claim in the Netherlands.

How does the Dutch legal system work?

Civil cases at first instance are heard by the district courts (rechtbanken). Within each district court, the subdistrict court (kantonrechter) hears, among other things: claims of up to €25,000, including interest accrued up to the date of the summons, unless the legal basis of the claim (rechtstitel) exceeds that amount and is disputed; claims of indeterminate value where there are clear indications that the claim is not worth more than €25,000; and, regardless of the amount, cases on employment, agency, lease, consumer sale and consumer credit agreements (Article 93 DCCP). Other civil cases go to the civil section of the district court.

A party can appeal to a court of appeal (gerechtshof), unless the claim at first instance did not exceed €1,750 (Article 332(1) DCCP). Judgments on appeal can be challenged in cassation before the Supreme Court (Hoge Raad) (Article 398 DCCP), which can only set aside a decision for breach of procedural rules prescribed on pain of nullity or for violation of the law, other than foreign law (Article 79(1) Judiciary Organisation Act). It does not re-examine the facts.

Dutch civil cases are decided by professional judges; there is no jury.

If the Amsterdam district court or court of appeal has jurisdiction over an international dispute about a legal relationship that is at the parties’ free disposal, parties who have expressly agreed to this, as shown by a written document, can litigate in English before the Netherlands Commercial Court; this does not apply to cases for the subdistrict court (Article 32a(1) DCCP). See also our overview of litigation in the Netherlands.

How do you prepare for court action?

Send a demand and, where needed, a notice of default. For many contractual claims, the debtor is only in default (verzuim) after a written notice of default (ingebrekestelling) that gives a reasonable period for performance, and performance within that period fails to happen (Article 6:82(1) Dutch Civil Code, DCC).

Check the limitation period. A claim for performance of a contractual obligation becomes time-barred five years after the start of the day following the day on which it became due (Article 3:307(1) DCC). A damages claim becomes time-barred five years after the start of the day following the day on which the injured party became aware of both the damage and the liable person, and in any event twenty years after the event that caused the damage (Article 3:310(1) DCC).

Other periods apply in some cases, for example for environmental damage and personal injury (Article 3:310(2) and (5) DCC) and two years for the price in a consumer sale (Article 7:28 DCC).

Interrupt the limitation period in time. The limitation period of a claim for performance is interrupted by a written demand or a written notice in which the creditor unequivocally reserves its right to performance (Article 3:317(1) DCC). In a case on a collective action, the Supreme Court held that this also applies to claims for payment of damages (HR 28 March 2014, ECLI:NL:HR:2014:766). For other claims, such as termination, a written demand only interrupts limitation if it is followed within six months by an act such as legal proceedings (Article 3:317(2) DCC). After an interruption other than by a claim that is granted, a new period starts; it equals the original period but is not longer than five years, and never ends before the original period would have ended (Article 3:319(1) and (2) DCC).

Check jurisdiction and the contract. Under the Dutch rules, the Dutch court has jurisdiction in cases started by summons if the defendant has its domicile or habitual residence in the Netherlands (Article 2 DCCP), without prejudice to treaties and EU regulations on jurisdiction (Article 1 DCCP). If the contract contains an arbitration agreement, the court declares that it has no jurisdiction if a party invokes it before any other defence, unless the agreement is invalid (Article 1022 DCCP).

Secure evidence. A party to a legal relationship that has a sufficient interest can ask for inspection, a copy or an extract of specific data about that relationship from whoever holds them, unless an exception applies (Article 194 DCCP). Before proceedings, the court can order preliminary evidentiary measures, such as a preliminary witness hearing or expert report (Articles 196 and 197 DCCP).

How do you start legal proceedings in the Netherlands?

In most civil cases, you do not submit a statement of claim to the court yourself. Instead, a bailiff (gerechtsdeurwaarder) serves a writ of summons on the defendant (Article 45(1) DCCP). The summons sets out, among other things, the claim and its grounds, the court and the docket date (roldatum), and the consequences if the defendant does not appear (Article 111(2) DCCP). It must also mention the defences the defendant has already raised and the evidence and witnesses you can offer (Article 111(3)). Read more about the Dutch writ of summons.

Between service and the docket date, a minimum period applies: at least one week if the defendant is in the Netherlands (Article 114 DCCP). If the defendant has a known domicile or actual residence in a state where the EU regulation on the service of documents referred to in Article 56(1) DCCP applies, or in a European state that is a party to the 1965 Hague Service Convention, it is at least four weeks; if the defendant has a known domicile or residence in neither the Netherlands nor such a state, it is at least three months. A defendant without a known domicile or residence in the Netherlands who is served in person in the Netherlands, or at a domicile chosen for the case, can be summoned with a period of one week (Article 115(1) to (3) DCCP).

The claimant files the summons with the court registry no later than the last day on which the registry is open before the docket date. If it does not, the case lapses, unless a valid corrective writ (herstelexploot) is served within two weeks after the docket date (Article 125(2) and (5) DCCP).

The claimant must pay the court fee within four weeks after the first call of the case at a hearing or, failing that, after the first docket date (Article 3(3) Court Fees in Civil Cases Act).

When do you need legal representation?

Whether you need a Dutch lawyer (advocaat) depends on the court:

1. Subdistrict court: parties can litigate in person, or be assisted or represented by an authorised representative (Article 79(1) and Article 80(1) DCCP).
2. District court, court of appeal and Supreme Court: in all other cases, parties can only litigate through a lawyer (Article 79(2) DCCP).
3. Summary proceedings: the defendant can also appear in person in a case that would otherwise require a lawyer, but not through a representative who is not a lawyer (Article 255(1) DCCP). In arbitration, parties can appear in person or be represented by a lawyer or by a person with a specific written power of attorney (Article 1038(1) DCCP).

A Dutch lawyer must observe confidentiality within the limits set by law (Article 10a(1)(e) Dutch Lawyers Act). Persons bound to secrecy by virtue of their profession can refuse to give evidence as witnesses about what was entrusted to them in that capacity (Article 165(2)(b) DCCP).

Before you start, ask the lawyer for a clear fee arrangement and a budget, and consider whether mediation or arbitration is an option (see below).

How is a summons served in the Netherlands?

Service of process is done by a bailiff, by means of a writ (exploot) (Article 45(1) DCCP). The bailiff leaves a copy with the addressee in person, or at the addressee’s domicile with a member of the household or another person present there who can be expected to make sure it reaches the addressee in time (Article 46(1) DCCP). If the addressee refuses to accept the copy, it is deemed to have been received in person (Article 46(3)). If the bailiff cannot leave the copy with any of these persons, the bailiff leaves it at the domicile in a sealed envelope or, if that is impossible, sends it by post (Article 47(1) DCCP).

If the domicile and actual residence of the addressee are unknown, service in a case to be brought takes place at the office of the public prosecutor at the competent court, and an extract is published in the Government Gazette (Staatscourant). The same applies to a legal entity without an office, director or liquidator, or whose director or liquidator has no known office, domicile or residence (Article 54(2) and (3) DCCP).

If the addressee has no known domicile or residence in the Netherlands but a known one abroad, the summons is in principle served through the public prosecutor, who sends a copy to the Ministry of Foreign Affairs; the bailiff also sends a copy by registered letter (Article 55(1) DCCP). For addressees in states where the EU regulation on the service of documents applies, special rules apply (Article 56 DCCP).

After service and filing, the defendant files a statement of defence. The court then in principle orders an oral hearing (Article 131 DCCP). At that hearing, the court can ask questions, let the parties substantiate their positions and attempt a settlement (Article 87(2) DCCP). There is no separate pre-trial conference.

Who bears the burden of proof?

The party that relies on the legal consequences of facts or rights it asserts bears the burden of proving them, unless a special rule or the requirements of reasonableness and fairness lead to a different allocation (Article 150 DCCP). Evidence can be provided by any means, and the court is free to assess it, unless the law provides otherwise (Article 152(1) and (2) DCCP). Dutch civil procedure has no fixed standard of proof such as “beyond reasonable doubt”.

Parties must state the relevant facts fully and truthfully; if they do not, the court can draw the conclusions it sees fit (Article 21 DCCP). Facts asserted by one party and not, or not sufficiently, disputed by the other must be treated as established, unless this would lead to a legal consequence that is not at the free disposal of the parties (Article 149(1) DCCP).

In practice:

• collect the contract, general terms and conditions, correspondence, invoices and proof of performance before you start;
• state in the summons the evidence and witnesses you can offer for the disputed grounds of your claim (Article 111(3) DCCP);
• submit documents as far as possible with the summons or the defence, and at the latest ten days before the oral hearing; documents filed later are in principle disregarded (Article 87(6) DCCP);
• use the right to inspection and preliminary evidentiary measures where needed (Articles 194 and 196 DCCP).

When is expert evidence used?

If technical or financial questions are decisive, the court can, at a party’s request or of its own motion, order an expert report or an examination of experts. The judgment states the questions for the experts, and the court appoints them after consulting the parties (Article 186(1) and (2) DCCP). The claimant usually pays an advance on the experts’ costs, unless the court decides that the other party or both parties must do so (Article 187 DCCP).

Parties can also bring their own experts. With the court’s prior permission, witnesses and party experts can be heard at the oral hearing (Article 87(3) DCCP). Before proceedings, a party can ask the court for a preliminary expert report as a preliminary evidentiary measure (Articles 196 and 197 DCCP).

Mediation is voluntary. A mediator helps the parties reach their own solution but does not decide the dispute. If you need a quick decision instead, see the section on summary proceedings below.

How do settlement negotiations and document disclosure work?

Parties can settle at any time, before or during the proceedings. The court often explores a settlement at the oral hearing (Article 87(2)(c) DCCP). A settlement is usually recorded in a settlement agreement (vaststellingsovereenkomst), in which parties bind themselves to a determination of what applies between them, even if it deviates from the previous legal position (Article 7:900(1) DCC).

Dutch law has no general discovery as in common law systems. A party to a legal relationship that has a sufficient interest can, however, claim inspection, a copy or an extract of specific data about that relationship from whoever holds them. The holder can refuse if it has a right of non-disclosure based on professional secrecy, or if there are weighty reasons (Article 194(1) and (2) DCCP). The request must concern specific data, so a general “fishing expedition” is in principle not possible.

What are the court fees and what happens on default?

The court charges a court fee (griffierecht) to the claimant and to each defendant who appears, unless the law provides otherwise (Article 3(1) Court Fees in Civil Cases Act). The amount follows from the table annexed to that Act and depends on the court, the amount of the claim and whether the party is a natural person or not (Article 3(5)). Since 1 January 2026, a company pays between €139 and €1,504 before the subdistrict court and between €735 and €10,487 before the district court (€19,518 in a case before the Netherlands Commercial Court, Article 32a(1) DCCP); for natural persons, the amounts are lower. In claims of more than €1 million to which a natural person is a party, the fee of the next lower category applies (Article 3(6)).

See also our overview of Dutch court fees in 2026 and the information on court fees (griffierecht) on rechtspraak.nl.

If the defendant does not appear, does not appoint a lawyer where one is required, or does not pay the court fee in time although the summons warned of this, and the prescribed periods and formalities were observed, the court grants judgment by default (verstek) and awards the claim, unless it appears unlawful or unfounded (Article 139 DCCP).

A defendant who was ordered to pay by default can file an objection (verzet) by summons, within four weeks after the judgment was served on the defendant in person or after the defendant did something from which it necessarily follows that it knew of the judgment or of the enforcement. The period is eight weeks if the defendant has no known domicile or residence in the Netherlands but a known one abroad; in other cases, it starts on the day the judgment is enforced (Article 143(2) and (3) DCCP).

A default judgment is not enforced automatically: like any judgment, it must first be served on the party against whom enforcement is sought (Article 430(3) DCCP).

How do counterclaims and appeal work?

Counterclaim. The defendant can bring a counterclaim (eis in reconventie) in the same proceedings, unless the claimant acts in a particular capacity (for example as a trustee) and the counterclaim would concern it personally, or the other way round (Article 136 DCCP).

Appeal. An appeal is possible unless the claim at first instance did not exceed €1,750 (Article 332(1) DCCP). The appeal period is three months from the date of the judgment, and four weeks for a judgment in summary proceedings (Article 339(1) and (2) DCCP). The respondent can bring a cross-appeal, even after these periods (Article 339(3)). An appeal is not limited to new evidence or procedural errors: the appellant sets out its objections to the judgment in its statement of appeal (Article 347(1) DCCP), and the court of appeal assesses the dispute again within the limits of those objections. Read more about appeal proceedings in the Netherlands.

Cassation. The period for cassation is three months from the date of the judgment; where the law sets a shorter appeal period, the cassation period is twice that period, so eight weeks in summary proceedings (Article 402(1) and (2) DCCP).

Limitation. Most contractual and damages claims become time-barred after five years (Articles 3:307(1) and 3:310(1) DCC), with a long-stop period of twenty years for most damages claims. Shorter periods apply only in specific cases. See the section on preparing for court action above and our page on the limitation period under Dutch law.

Which protective measures can you obtain?

Summary proceedings. In all urgent cases in which, given the interests of the parties, an immediate provisional measure is required, the preliminary relief judge (voorzieningenrechter) can grant it (Article 254(1) DCCP). The judge can, for example, order a party to perform or to refrain from certain conduct. The decision is provisional and does not prejudice the proceedings on the merits (Article 257 DCCP). Read more about summary proceedings (kort geding).

Penalty payments. To encourage compliance, the court can, at a party’s request, order a penalty payment (dwangsom) for the event that the main order is not complied with. A penalty payment cannot be imposed with an order to pay a sum of money, and it cannot be forfeited before the decision has been served (Article 611a(1) and (3) DCCP).

Prejudgment attachment. With leave of the preliminary relief judge, a creditor can levy a prejudgment attachment (conservatoir beslag), for example on bank accounts or goods, to secure recovery (Article 700(1) DCCP).

If no claim on the merits is pending yet, it must be brought within the period set by the judge, which is at least eight days after the attachment; the judge can extend that period on a request made before it ends. If the period is exceeded, the attachment lapses (Article 700(3)).

What is the difference between attachment, provisional relief and execution?

A prejudgment attachment freezes assets to secure a claim that the court has not yet decided; it requires leave of the preliminary relief judge (Article 700 DCCP). Provisional relief in summary proceedings is a temporary court order in an urgent case (Article 254 DCCP). Execution is the enforcement of an enforceable title, such as a judgment, and does not require separate leave (Article 430(1) DCCP).

For a money claim, execution usually takes the form of an attachment of assets held by the debtor or of claims the debtor has against third parties, such as a bank or an employer (garnishment, derdenbeslag) (Article 475(1) DCCP).

A prejudgment attachment converts into an executory attachment once you obtain an enforceable judgment in the main case and it has been served on the debtor and, where applicable, on the third party (Article 704(1) DCCP). Read more about when a Dutch court judgment becomes final.

An appeal suspends the enforcement of the judgment, unless the court declared the judgment provisionally enforceable (uitvoerbaar bij voorraad) in a case where this is allowed (Article 350(1) DCCP). If the claimant asks for it, the court can declare its judgment provisionally enforceable notwithstanding any legal remedy, unless the law or the nature of the case dictates otherwise; it can make this conditional on security (Article 233(1) and (3) DCCP).

How is a Dutch judgment enforced?

A Dutch judgment that is provided with the heading “In naam van de Koning” (in the name of the King) is an enforceable title (executoriale titel) that can be enforced throughout the Netherlands. It can only be enforced after it has been served on the party against whom enforcement is sought (Article 430(1) to (3) DCCP).

The bailiff then carries out the enforcement, for example by attaching bank accounts, goods or real estate.

Disputes about enforcement go to the competent district court, and can also be brought in summary proceedings. The preliminary relief judge can, for example, suspend the enforcement or allow it only against security (Article 438(1) to (3) DCCP).

A foreign judgment cannot as such be enforced in the Netherlands, unless a treaty or the law makes it enforceable; in that case, leave of the Dutch court is required, without a new examination of the case (Articles 431(1) and 985 DCCP). Otherwise, the case can be brought again before the Dutch court (Article 431(2) DCCP). No such leave is needed for a judgment that falls under Regulation (EU) No 1215/2012 (Brussels I bis): a judgment given in another EU Member State that is enforceable there is enforceable in the other Member States without any declaration of enforceability (Article 39). Brussels I bis applies in civil and commercial matters (Article 1(1)) and only to legal proceedings instituted on or after 10 January 2015 (Article 66(1)). For judgments given in proceedings instituted before that date, Regulation (EC) No 44/2001 continues to apply (Article 66(2)).

How do you keep legal costs under control?

The main costs of Dutch proceedings are the court fee, the bailiff’s fees, your lawyer’s fees and, where relevant, the costs of experts. Agree on a fee arrangement and a budget with your lawyer at the start, and update it when the case changes.

The losing party is ordered to pay the costs of the proceedings. The court can set off the costs, for example if both parties lose on some points (Article 237(1) DCCP).

In practice, the court awards lawyer’s fees on the basis of fixed rates (liquidatietarief), which usually cover only part of the actual fees. Take this into account when you weigh what a case can bring you.

A claimant without a domicile or habitual residence in the Netherlands must, at the defendant’s request, provide security for the costs of the proceedings and damages it may be ordered to pay. This does not apply if a treaty or EU regulation rules it out, if such an order can be enforced where the claimant lives, if recovery in the Netherlands is reasonably likely, or if security would block effective access to the court (Article 224(1) and (2) DCCP).

Which litigation strategies and alternatives to court proceedings exist?

Proceedings on the merits or summary proceedings. Proceedings on the merits (bodemprocedure) lead to a final decision on the dispute. Summary proceedings are faster but only lead to a provisional measure in an urgent case (Articles 254 and 257 DCCP). Combining summary proceedings or a prejudgment attachment with proceedings on the merits is common.

Mediation and negotiation. Parties can always try to settle, with or without a mediator. Dutch procedural law contains no general obligation to try mediation before going to court.

Arbitration. Parties can agree to submit existing or future disputes to arbitration (Article 1020(1) DCCP), but not where this would determine legal consequences that are not at their free disposal (Article 1020(3)). If a party invokes the arbitration agreement before any other defence, the court declares that it has no jurisdiction, unless the agreement is invalid (Article 1022 DCCP). Dutch law does not impose a general duty of confidentiality on arbitration; parties often agree on it. If an award is deposited with the court registry, no copy or extract is given to third parties (Article 1058(4) DCCP).

Binding advice. In binding advice (bindend advies), parties agree that a third party will decide their dispute in a way that binds them contractually. A step aimed at obtaining binding advice also interrupts limitation, if the other party is notified promptly and binding advice is actually obtained (Article 3:316(3) DCC).

Whether an alternative is cheaper or faster depends on the case. Arbitration can be more expensive than court proceedings, because the parties pay the arbitrators.

Frequently asked questions about legal proceedings in the Netherlands

How do you commence legal proceedings in the Netherlands?

In most civil cases, you have a bailiff serve a writ of summons on the defendant and then file it with the court registry before the docket date (Articles 45, 111 and 125 DCCP). Some matters are started by an application instead, where the law so provides (Article 261 DCCP). Outside the subdistrict court (kantonrechter), you generally need a Dutch lawyer (Article 79(2) DCCP); a defendant in summary proceedings can also appear in person (Article 255(1) DCCP).

How does process service work in the Netherlands?

Court documents are served by a bailiff (Article 45(1) DCCP). The bailiff leaves a copy with the addressee in person or at the domicile with a member of the household or another person present, and otherwise leaves it in a sealed envelope or sends it by post (Articles 46 and 47 DCCP). Service on addressees abroad follows Articles 55 and 56 DCCP.

Is there a small claims court in the Netherlands?

The subdistrict court (kantonrechter) works as the Dutch small claims court. It hears claims of up to €25,000, including interest up to the date of the summons, unless the legal basis exceeds that amount and is disputed, and certain cases such as employment and lease regardless of the amount (Article 93 DCCP). You do not need a lawyer there (Article 79(1) DCCP).

What happens if you do not respond to a legal claim in the Netherlands?

If the defendant does not appear, the court grants judgment by default and awards the claim, unless it appears unlawful or unfounded (Article 139 DCCP). The defendant can file an objection, in principle within four weeks after the judgment was served on it in person, or eight weeks if it lives abroad at a known address (Article 143 DCCP).

Can you appeal a court decision in the Netherlands?

Yes, unless the claim at first instance did not exceed €1,750 (Article 332(1) DCCP). The appeal period is three months from the judgment, and four weeks in summary proceedings (Article 339(1) and (2) DCCP). Cassation before the Supreme Court is possible within three months, or eight weeks in summary proceedings (Article 402 DCCP).

Primary sources

• Dutch Code of Civil Procedure (Wetboek van Burgerlijke Rechtsvordering): Articles 1, 2, 21, 32a, 45, 46, 47, 54, 55, 56, 79, 80, 87, 93, 111, 114, 115, 125, 131, 136, 139, 143, 149, 150, 152, 165, 186, 187, 194, 196, 197, 224, 233, 237, 254, 255, 257, 261, 332, 339, 347, 350, 398, 402, 430, 431, 438, 475, 611a, 700, 704, 985, 1020, 1022, 1038 and 1058
• Dutch Civil Code (Burgerlijk Wetboek): Articles 3:307, 3:310, 3:316, 3:317, 3:319, 6:82, 7:28 and 7:900
• Court Fees in Civil Cases Act (Wet griffierechten burgerlijke zaken): Article 3 and the annexed table of court fees (in force since 1 January 2026)
• Judiciary Organisation Act (Wet op de rechterlijke organisatie): Article 79; Dutch Lawyers Act (Advocatenwet): Article 10a
• Case law: HR 28 March 2014, ECLI:NL:HR:2014:766

Contact our litigation attorneys in the Netherlands

Do you want to start legal proceedings in the Netherlands, or have you been served with a summons? A litigation attorney in the Netherlands can check the time limits, the competent court and your evidence, and advise on the most suitable route.

Contact our law firm in Amsterdam; we are happy to assess your case.