Limitation period for claims for damages in the Netherlands

Published on 11 May 2022 · Last updated 28 October 2026

A claim for damages under Dutch law becomes time-barred five years after the injured party actually knew both the damage and the liable person, and in any case twenty years after the event that caused it. The short period often starts later than the date of the event. Have your claim checked before you accept that it is too late.

This page is for companies that want to claim compensation from a Dutch contract partner, supplier or other liable party, and for companies facing such a claim. You will read when the five-year period starts, what the Supreme Court means by “actual knowledge”, how to interrupt the period and which special periods apply. For all other limitation periods, see our overview what limitation periods apply under Dutch law.

What is the limitation period for a claim for damages in the Netherlands?

Five years, starting on the day after the injured party became aware of both the damage and the liable person, and in any case twenty years after the event that caused the damage (Article 3:310(1) Dutch Civil Code).

The same rule applies to a claim for payment of a contractual penalty. The rule covers damages for breach of contract and for unlawful acts (tort) alike. Two periods run side by side: the short, knowledge-based period of five years and the long, objective period of twenty years. The claim expires as soon as one of them ends.

Period	Starts	Example
5 years	Day after actual knowledge of damage and liable person	You discover in 2024 that a supplier’s faulty software caused data loss: the period ends in 2029
20 years (long-stop)	The event that caused the damage, regardless of knowledge	A defect caused in 2010 that is discovered only in 2031 can no longer be claimed
30 years (long-stop)	Event causing pollution of air, water or soil and certain other hazards	Environmental damage under Article 3:310(2) DCC

When does the five-year period start running?

When the injured party actually knows that damage has occurred and who is liable for it. The Supreme Court confirmed that a mere suspicion is not enough and that what the injured party “could or should have known” does not count (Hoge Raad 22 April 2022, ECLI:NL:HR:2022:627, paras. 3.2 and 3.3).

According to that judgment, the period starts on the day after the injured party is actually able to bring a claim for the damage it suffered. That is the case when it has obtained sufficient certainty, which need not be absolute certainty, that the damage was caused by the failing or wrongful conduct of the person concerned. The moment depends on the circumstances of the case.

In the 2022 case, the court of appeal had held that the claimant and her advisers could and should have understood the situation from a letter in 2008. The Supreme Court ruled that this test was wrong or insufficiently reasoned. For a business this means: a claim that looks old can still be alive if you only recently obtained certainty about the cause and the person responsible.

What counts as knowledge of the liable person?

You must know who the liable person is, not merely that someone is to blame. The law requires knowledge of “the liable person” (Article 3:310(1) DCC), and you can only bring a claim once you know whom to sue.

In supply chains this matters. If a component fails, you may first suspect your direct supplier, while an investigation later shows that the subcontractor’s production error caused the damage. The period against each party is assessed separately, based on what you actually knew about that party.

How do you interrupt the limitation period for a damages claim?

By a written demand or a written notice in which you unequivocally reserve your right to compensation, by an acknowledgement from the liable party, or by starting proceedings or arbitration (Articles 3:316 to 3:318 Dutch Civil Code). A new five-year period then starts.

The obligation to pay damages is an obligation to perform, so a written reservation under Article 3:317(1) works for a damages claim. The letter must reach the liable party to take effect (Article 3:37(3)). The new period after interruption is never longer than five years and never ends earlier than the original period would have (Article 3:319(2)).

Write clearly: name the event, state that you hold the addressee liable and that you reserve your right to claim compensation. A letter that only asks for information does not interrupt. Our page on how to prevent a claim from becoming time-barred explains the formalities.

Do you suspect you have a damages claim against a Dutch party, or have you been told it is too late? Ask a Dutch litigation attorney for a second opinion on the start of the period before you give up the claim.

Which special periods apply to damages claims?

Several rules shorten or change the general five-year rule. The most important ones for businesses concern defective goods, construction defects and product liability. Check them first, because they often expire sooner.

Situation	Rule	Legal basis
Damage caused by non-conforming goods sold	Notify the seller within a reasonable time; claims then expire two years after the notice	Art. 7:23 DCC
Defects in completed construction work	Two years after protest; at the latest 20 years after delivery of a building	Art. 7:761 DCC
Product liability against the producer	Three years after you knew or should have known of the damage, the defect and the producer; right lapses ten years after the product was put into circulation	Art. 6:191 DCC
International sale of goods (CISG)	Notify the defect within two years after handover, or lose the right to rely on it	Art. 39 CISG
Damage caused by a criminal offence	No limitation against the offender while criminal prosecution is still possible	Art. 3:310(4) DCC

Ancillary claims, such as statutory interest on the compensation, expire no later than the main claim (Article 3:312 DCC).

Does a Dutch court apply limitation on its own initiative?

No. The liable party must invoke limitation; the court may not apply it on its own motion (Article 3:322(1) Dutch Civil Code).

The debate is often about when the injured party knew enough. Keep records of when you first heard about the damage, what reports or test results you received and when, and when you identified the responsible party. Those documents determine the start of the period.

Practical example: a Belgian food producer and a Dutch packaging supplier

Suppose a Belgian food producer noticed in 2021 that some products spoiled faster than expected. It suspected its storage conditions. Only in March 2024 did a laboratory report show that a batch of packaging film from its Dutch supplier was defective.

Under the Supreme Court’s test, the five-year period did not start in 2021, when the producer had only a suspicion and a different explanation. It started the day after the producer received the laboratory report in 2024. However, if the claim is based on defective goods sold, the producer must also have notified the supplier within a reasonable time after it discovered, or should reasonably have discovered, the defect, and the claim then expires two years after that notice (Article 7:23 DCC). It should send that notice immediately.

When should you involve a Dutch lawyer?

As soon as you have a reasonable suspicion of a damages claim, when the other party says your claim is time-barred, and before you send an interruption letter for a large claim.

MAAK Advocaten in Amsterdam advises foreign and Dutch businesses on liability claims, limitation and interruption, and litigates before the Dutch courts and arbitral tribunals. The general rules are on our page about the limitation period under Dutch law.

Frequently asked questions about the limitation period for damages claims

How long do I have to claim damages in the Netherlands?

Five years from the day after you actually knew both the damage and the liable person, and in any case twenty years after the event that caused the damage (Article 3:310(1) Dutch Civil Code).

Does the period start when I should have known about the damage?

No. The Supreme Court requires actual knowledge; a mere suspicion or what you could have known is not decisive (Hoge Raad 22 April 2022, ECLI:NL:HR:2022:627).

Does a letter to the liable party stop the limitation period?

Yes, if it is a written demand or a written notice in which you unequivocally reserve your right to compensation, and it reaches the addressee (Articles 3:317(1) and 3:37(3) Dutch Civil Code).

Is the limitation period different for product liability?

Yes. A claim against the producer expires three years after you knew or should have known of the damage, the defect and the producer, and the right lapses ten years after the product was put into circulation (Article 6:191 Dutch Civil Code).

What if the damage is discovered after twenty years?

Then the claim is in principle time-barred, regardless of when you found out (Article 3:310(1)). For pollution of air, water or soil the long-stop is thirty years, and for personal injury or death there is no long-stop (Article 3:310(2) and (5)).