Limitation period under Dutch law

Published on 24 February 2021 · Last updated 22 October 2026

Under Dutch law, limitation periods in civil cases are regulated as follows: there is a subjective limitation period of five years, starting from the day after the day on which the injured party became aware of both the damage and the person liable for it. There is also an objective limitation period of 20 years from the date of the event causing the damage.

These periods are laid down in Article 3:310(1) of the Civil Code. In addition, a running limitation period can be interrupted by a written demand or a written communication in which the creditor clearly reserves the right to performance, as stipulated in Article 3:317 paragraph 1 of the Civil Code. The limitation period may also be interrupted by the filing of a claim or an action as referred to in Article 3:316 of the Civil Code or by the request for a binding opinion as referred to in Article 3:316, paragraph 3, of the Civil Code. Infringement proceedings before a competition authority or out-of-court settlement proceedings may also suspend or interrupt the limitation period.

What is a limitation period under Dutch law?

Under Dutch law, a claim for performance of a contractual obligation becomes time-barred five years after the day following the day on which performance became due (Article 3:307(1) DCC). A claim for damages for breach of contract follows the general rule for damages: five years after you became aware of the damage and the person liable, and in any case twenty years after the event (Article 3:310(1) DCC).

The limitation period under Dutch law could however also be shorter or longer, depending on the specific matter.

Understanding the limitation periods under Dutch law is essential for anyone who wishes to seek legal recourse or defend against a claim in the Netherlands. Our civil litigation team at MAAK Advocaten dives deep into this subject to provide you with an in-depth look at various facets of limitation periods under Dutch legislation. If you as an entrepreneur are confronted with an old claim in the Netherlands, it is advisable to find out exactly what the applicable limitation periods are in the Netherlands. Like most legal systems, Dutch law provides for a set of rules that set time limits for bringing a civil action. This is generally referred to as the statute of limitations. This means that if you wait too long and let the limitation period under Dutch law expire, you will not be able to make a claim in the Netherlands either. Conversely, this also applies to a claim against your own company. Once the period has expired, the claim expires by operation of law.

1. Why do limitation periods matter under Dutch law?

The concept of a limitation period is important in Dutch law. It denotes the maximum duration within which a claimant can initiate legal proceedings. Once this period lapses, the claim can no longer be pursued.

It is good to know that limitation periods can expire, but can also start at different times. It is therefore very important that you always seek the advice of a lawyer who specializes in limitation periods and Dutch procedural law. When a claim is time-barred, it means that you can no longer successfully pursue a claim in court. In the Netherlands you can interrupt the limitation period out of court by sending a letter in which you unambiguously reserve your right to performance (Article 3:317 DCC). A new limitation period then starts (Article 3:319 DCC).

Most pleas in law in the Netherlands are subject to limitation periods of five (5) years, although some types of claims also have particularly short (1-2 years) or extra long (20-30 years) limitation periods. MAAK Advocaten can examine the claims and all time limits on your behalf and, under certain circumstances, reject or sue on your behalf.

2. Which limitation periods does the Dutch Civil Code set?

The Dutch Civil Code (DCC) is instrumental in defining the statutory timeframes for different kinds of claims:

2.1 General Limitation Period

Under Article 3:306 of the DCC, the general rule is that a claim will expire after 20 years, unless specified otherwise in the law:

“Rights of action become prescribed on the expiry of twenty years, unless the law provides otherwise”.

2.2 Contractual Obligations

When it comes to contractual obligations, the right to claim performance generally expires five years after the day following the day on which performance became due (as stipulated by Article 3:307 DCC). For claims for damages, the five-year period only starts once the injured party knows both the damage and the person liable (Article 3:310 DCC).

2.3 Claims Relating to Breach of Contract

Dutch law is distinct in allowing a claimant to file a contractual claim even if no damage has resulted. The limitation period for these claims starts from the breach date and spans five years. For obligations to be performed after an indefinite time, the five years run from the day after the creditor announced that it would claim performance, and the claim is in any case time-barred twenty years after the obligation arose (Article 3:307(2) DCC).

2.4 Compensation and Penalty Claims

The DCC mandates a five-year limitation period starting the day after the claimant becomes aware of the damages and the liable party’s identity. This rule varies slightly in specific cases:

Environmental damages due to pollution in air, soil, or water have a prolonged limitation period of 30 years from the event causing the harm (Article 3:310(2) DCC).
Claims for damages for personal injury or death become time-barred five years after the injured party became aware of both the damage and the person liable; the twenty-year long-stop does not apply (Article 3:310(5) DCC).

3. How do you interrupt a limitation period?

Certain actions or interventions can interrupt an ongoing limitation period:

3.1 Acknowledgement by the Debtor

An acknowledgement by the debtor of the right concerned interrupts the limitation period against the debtor (Article 3:318 DCC).

3.2 Initiation of Legal Proceedings

Bringing a claim, or any other act of legal enforcement in the required form, interrupts the limitation period (Article 3:316(1) DCC). If the claim is not allowed, the interruption only counts if a new claim is brought within six months and is then allowed (Article 3:316(2)).

3.3 Other Judicial Measures

This includes any legally mandated or mutually agreed judicial acts.

3.4 Written Warnings

For claims for performance, a written demand or a written notice in which the creditor unambiguously reserves its right to performance interrupts the period (Article 3:317(1) DCC). For other claims, a written demand only interrupts if it is followed by legal action within six months (Article 3:317(2)).

Upon interruption, a fresh limitation period starts the following day (Article 3:319 DCC). Under specific conditions, for example between a company and its directors or where the debtor deliberately concealed the debt, the period is extended (Articles 3:320 and 3:321 DCC).

4. Expert Insights on Limitation periods under Dutch law

Having seasoned professionals by your side can make all the difference in working through the details of Dutch limitation periods. At MAAK Advocaten, our dedicated team ensures you are well-equipped to make informed decisions.

Overall, the Dutch limitation period framework is thorough and caters to various legal scenarios. Timely action, awareness of relevant periods, and legal counsel can significantly impact the success of any claim or defense.

When is a claim time-barred under Dutch law?

The standard limitation period of 5 years applies to

General contractual claims for specific services
General damage claims or claims for contractual penalties

Shorter periods of limitation apply to:

Claims arising from transport contracts (1 year, Article 8:1711 DCC)
Claims for payment of the purchase price in consumer sales contracts (2 years, Article 7:28 DCC)

Longer periods of limitation apply to:

Enforcement of a binding judgment or arbitration award (20 years, Article 3:324 DCC)
Receivables secured by a mortgage (not before 20 years after the mortgage was attached to the claim, Article 3:323(3) DCC)
damage caused by air, soil or water pollution (30 years)

Which limitation periods apply in the Netherlands?

In order to determine which limitation period under Dutch law applies in your particular case, it is important that you know what plea you wish to rely on (i.e. what is the legal “classification” of the claim you wish to make).

It is also important to find out when the limitation period starts. This can be very technical, and it is therefore advisable to seek advice from a lawyer in the Netherlands on these questions. Our experienced attorneys in the Netherlands can advise you and your company and help you to keep an eye on important limitation periods in the Netherlands so that you can make claims in the Netherlands in good time.

Article 3:317 DCC:

– 1. The prescription period for a right of action to claim the performance of an obligation is interrupted by a letter of formal notice in which performance is demanded or by a written announcement in which the creditor unambiguous reserves his right to claim performance.
– 2. The prescription period of other rights of action is interrupted by a letter of formal notice, provided that it is followed within six months by a legal action as defined in the previous Article.

How do you interrupt a limitation period in practice?

In the Netherlands, a limitation period is interrupted by bringing legal proceedings, by a written demand or reservation of rights, or by an acknowledgement by the debtor (Articles 3:316 to 3:318 DCC).

This interruption is called ‘stuiting‘ in Dutch law. A written notice only takes effect once it has reached the debtor, so make sure you can prove receipt (Article 3:37(3) DCC).

Frequently asked questions about limitation periods under Dutch law

What is the limitation period for contract claims in the Netherlands?

Five years. A claim for performance becomes time-barred five years after it became due (Article 3:307 DCC). A claim for damages for breach becomes time-barred five years after you knew of the damage and the person liable, and in any case after twenty years (Article 3:310 DCC).

How do you interrupt a limitation period under Dutch law?

By bringing legal proceedings (Article 3:316 DCC), by a written demand or a written notice unambiguously reserving your right to performance (Article 3:317), or through an acknowledgement by the debtor (Article 3:318). A new period then starts (Article 3:319).

Does an email interrupt the limitation period?

It can, if it is a written notice that clearly reserves your right and it has actually reached the debtor (Articles 3:317 and 3:37(3) DCC). Because you must prove receipt, sending the notice by registered letter as well is advisable.

Is there a limitation period for personal injury claims?

Yes: five years after the injured party became aware of both the damage and the person liable. The twenty-year long-stop does not apply to personal injury or death (Article 3:310(5) DCC).