Litigation Under Dutch Law

Published on 20 December 2022 · Last updated 25 October 2026

Litigation under Dutch law means civil proceedings before the Dutch courts. Most cases start with a writ of summons (dagvaarding) that a bailiff serves on the defendant and the claimant files 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; elsewhere, you generally need a Dutch lawyer (Articles 93 and 79 DCCP).

This overview is written for businesses, including foreign companies, involved in a commercial dispute in the Netherlands. It covers the courts, starting and defending a case, evidence, judgments, interim measures, appeal, costs and alternatives such as arbitration. Urgent matters can be brought in Dutch summary proceedings (kort geding). The procedural rules are in the Dutch Code of Civil Procedure (Wetboek van Burgerlijke Rechtsvordering).

MAAK Advocaten, a law firm in Amsterdam, handles Dutch civil proceedings in commercial, contract and liability disputes, including (EU) product compliance and international cases. See also our page on Top Litigation Lawyers in Amsterdam.

What are the key points of litigation under Dutch law?

Civil cases start at a district court (rechtbank). Its subdistrict section (kantonrechter) hears, among other things, claims of up to €25,000 (unless a disputed legal basis exceeds that amount) and employment, agency, lease and consumer cases (Article 93 DCCP).
Most cases start with a writ of summons; some matters must be started by an application (verzoekschrift) where the law so provides (Article 261 DCCP).
Outside the subdistrict court, parties can only litigate through a lawyer (Article 79(2) DCCP). In summary proceedings, the defendant can also appear in person (Article 255(1) DCCP).
There is no general discovery. Parties must state the facts fully and truthfully, the court can order them to produce specific data, and a party can claim inspection of specific documents (Articles 21, 22 and 194 DCCP).
The losing party is ordered to pay the costs of the proceedings (Article 237(1) DCCP). In practice these cover only part of the actual lawyer’s fees.
An appeal is possible within three months, unless the claim did not exceed €1,750 (Articles 332(1) and 339(1) DCCP).

How does litigation work in the Netherlands?

According to the Dutch judiciary, there are 11 district courts and 4 courts of appeal in the Netherlands. Above them is the Supreme Court (Hoge Raad). Civil cases are decided by professional judges; there is no jury. Proceedings are largely written: the summons and the statement of defence are followed, in principle, by an oral hearing (Article 131 DCCP).

Within each district court, the subdistrict court hears: 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.

Corporate disputes can also come before the Enterprise Chamber (Ondernemingskamer) of the Amsterdam Court of Appeal. At the written request of persons entitled to do so, it can appoint investigators to examine the policy and conduct of affairs of a company (Article 2:345(1) Dutch Civil Code, DCC).

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).

We regularly assist clients with types litigation in the Netherlands.

How do you commence legal proceedings?

Each step is explained in more detail on our page on Dutch civil procedures. In short, a claimant goes through these steps:

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) DCC).
Limitation. 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, with exceptions (Article 3:310(1), (2) and (5) DCC). A written demand, or a written notice in which the creditor unequivocally reserves its right to performance, interrupts limitation of a claim for performance of an obligation, including an obligation to pay damages (Article 3:317(1) DCC; HR 28 March 2014, ECLI:NL:HR:2014:766). A new period then starts, equal to the original period but not longer than five years; it never ends before the original period would have ended (Article 3:319 DCC).
Jurisdiction and the competent court. 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 (Article 1 DCCP). The case then goes to one of the 11 district courts and 4 appellate courts in the Netherlands, depending on the rules on territorial jurisdiction and any valid choice-of-court or arbitration clause.
Writ of summons. A bailiff (gerechtsdeurwaarder) serves the summons (Article 45(1) DCCP). It states, among other things, the claim and its grounds, the court and the docket date (roldatum) (Article 111(2) DCCP). The period between service and the docket date is at least one week for a defendant in the Netherlands (Article 114 DCCP) and longer for a defendant abroad (Article 115 DCCP).
Filing and court fee. The claimant files the summons with the court registry no later than the last day on which it is open before the docket date; otherwise the case lapses, unless a valid corrective writ is served within two weeks after the docket date (Article 125(2) and (5) DCCP). The claimant pays 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).

Which defence strategies are available?

A defendant served with a Dutch summons must act before the docket date. If it 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). The defendant can then file an objection (verzet), within four weeks after the judgment (or an act of enforcement based on it) was served on it in person, or after it performed an act from which it necessarily follows that it knows of the judgment or of the enforcement; the period is eight weeks if, at that time, it has no known domicile or residence in the Netherlands but a known domicile or residence abroad. In other cases, the period starts on the day the judgment is enforced (Article 143(2) and (3) DCCP).

Points to check in any defence against claims in Holland :

Forum. 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). All procedural objections must be raised together with the defence on the merits (Article 128(3) DCCP).
Limitation. The court does not apply limitation of its own motion; the defendant must invoke it (Article 3:322(1) DCC).
Facts and evidence. The party that relies on the legal consequences of facts it asserts bears the burden of proving them, unless a special rule or reasonableness and fairness lead to a different allocation (Article 150 DCCP). Facts that are not, or not sufficiently, disputed must be treated as established (Article 149(1) DCCP), so dispute the facts specifically.
Counterclaim. The defendant can bring a counterclaim (eis in reconventie) in the same proceedings, with a limited exception for parties acting in a particular capacity (Article 136 DCCP).
Security for costs. A claimant without a domicile or habitual residence in the Netherlands must, at the defendant’s request made before any other defence, provide security for costs and damages, unless an exception applies, for example under a treaty or EU regulation or where recovery in the Netherlands is reasonably likely (Article 224 DCCP).

If the claimant has levied a prejudgment attachment, the preliminary relief judge can lift it in summary proceedings, for example if the claimed right appears summarily to be unfounded, the attachment is unnecessary, or sufficient security is provided for a money claim (Article 705 DCCP). See our page on attachments securing claims in the Netherlands. Negotiation or mediation before or during the case can also avoid a judgment.

Which powers does a Dutch court have?

The court decides on everything the parties have claimed (Article 23 DCCP). To do so, it has the following powers, among others:

ordering a party to clarify certain statements or to produce certain data relating to the case; a party can refuse for weighty reasons, and the court decides whether the refusal is justified (Article 22(1) to (3) DCCP);
drawing the conclusions it sees fit if a party does not state the relevant facts fully and truthfully (Article 21 DCCP);
holding an oral hearing at which it can ask for information, let parties substantiate their positions and attempt a settlement (Article 87(1) and (2) DCCP);
ordering an expert report or an examination of experts, at a party’s request or of its own motion (Article 186(1) DCCP);
declaring its judgment provisionally enforceable notwithstanding any legal remedy, if this is claimed, unless the law or the nature of the case dictates otherwise (Article 233(1) DCCP);
ordering a penalty payment (dwangsom) for non-compliance with the main order, at a party’s request; not with an order to pay a sum of money (Article 611a(1) DCCP).

Enforcement itself is not done by the court. A Dutch judgment headed “In naam van de Koning” can be enforced throughout the Netherlands by a bailiff, after it has been served on the party against whom enforcement is sought (Article 430(1) to (3) DCCP).

Which disclosure obligations apply?

Dutch law has no general disclosure or discovery obligation as in common-law systems. A party does not have to hand over all relevant documents to the other side. Instead, the law contains several more limited tools. Read more about Transparency and full disclosure in the Netherlands.

Duty to state the truth. Parties must state the facts relevant to the decision fully and truthfully; otherwise, the court can draw the conclusions it sees fit (Article 21 DCCP).
Court order. The court can order a party to produce certain data relating to the case (Article 22(1) DCCP).
Right to inspection. A party to a legal relationship that has a sufficient interest can 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 weighty reasons oppose it (Article 194(1) and (2) DCCP).
Preliminary evidentiary measures. Before proceedings, the court can, at the request of an interested party, order preliminary evidentiary measures, such as a preliminary witness hearing, unless a ground for refusal applies, for example that the information sought is not sufficiently specified (Article 196 DCCP).

How does the court evaluate evidence?

The rules on legal evidence in Holland are in the Dutch Code of Civil Procedure. The main rules are:

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).
The burden of proof lies with the party that relies on the legal consequences of the facts it asserts, unless a special rule or reasonableness and fairness lead to a different allocation (Article 150 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).
The court can appoint independent experts (Article 186 DCCP). With the court’s prior permission, witnesses and party experts can be heard at the oral hearing (Article 87(3) DCCP).
Documents must as far as possible be submitted with the summons or the defence, and at the latest ten days before the oral hearing, unless the law sets another period. Documents filed later, or at the hearing, are disregarded unless due process requires otherwise (Article 87(6) DCCP).

Which judgments and orders can the court give?

Dutch courts give different judgments and orders, depending on the procedure:

Procedure	Who decides	Outcome	Legal basis
Proceedings on the merits (bodemprocedure)	Subdistrict court or district court	Interim judgments and a final judgment on the dispute	Article 93 DCCP
Summary proceedings (kort geding)	Preliminary relief judge (voorzieningenrechter)	Provisional measure in an urgent case; does not prejudice the case on the merits	Articles 254 and 257 DCCP
Inquiry proceedings	Enterprise Chamber of the Amsterdam Court of Appeal (Ondernemingskamer)	Appointment of investigators; immediate provisions for the duration of the proceedings	Articles 2:345(1) and 2:349a(2) DCC

In proceedings on the merits, the court can first give an interim judgment (tussenvonnis), for example to order evidence, and then a final judgment (eindvonnis). If the defendant does not appear, the court gives a default judgment (Article 139 DCCP). An appeal suspends enforcement of the judgment, unless the court declared it provisionally enforceable in a case where this is allowed (Article 350(1) DCCP).

Which settlement options do you have?

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

Negotiation: parties talk directly or through their lawyers.
Mediation: a neutral mediator helps the parties reach their own solution but does not decide the dispute. It is voluntary; the Dutch Code of Civil Procedure contains no general obligation to try mediation before going to court.
Arbitration: parties can agree to submit existing or future disputes to arbitrators instead of the court (Article 1020(1) DCCP), but not where this would determine legal consequences that are not at their free disposal (Article 1020(3)).

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.

How does arbitration differ from court proceedings?

ADR under Dutch law is based on agreement. The main differences between arbitration and court proceedings are:

If a party invokes a valid arbitration agreement before any other defence, the court declares that it has no jurisdiction (Article 1022 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).
An arbitral award that has become final (in kracht van gewijsde) has the force of res judicata between the same parties from the day it was given (Article 1059(1) DCCP).
Dutch law does not impose a general duty of confidentiality on arbitration; parties often agree on it, for example in arbitration rules. If an award is deposited with the court registry, no copy or extract is given to third parties (Article 1058(4) DCCP).
In binding advice (bindend advies), a third party decides the dispute in a way that binds the parties contractually. A step aimed at obtaining binding advice interrupts limitation, if the other party is notified promptly and binding advice is actually obtained (Article 3:316(3) DCC).

The Netherlands Commercial Court is not a form of ADR. It is a chamber of the Amsterdam district court and court of appeal where parties can, under the conditions of Article 32a(1) DCCP, litigate in English.

How does prejudgment attachment work?

A Dutch pre-judgment attachment (conservatoir beslag) freezes the debtor’s assets before the court has decided the main claim, so that they are still there when a judgment is obtained. The rules are:

A prejudgment attachment requires leave of the preliminary relief judge, who decides after a summary investigation on an application stating, for a money claim, the amount or maximum amount (Article 700(1) and (2) 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. Otherwise, the attachment lapses (Article 700(3) DCCP).
The judge can make leave conditional on the claimant providing security for damage the attachment may cause (Article 701(1) DCCP).
An attachment can also be levied on claims the debtor has against third parties, such as a bank balance (garnishment, derdenbeslag) (Article 718 DCCP).
Once the claimant obtains an enforceable title in the main case and serves it on the debtor and, where applicable, the third party, the attachment converts into an executory attachment (Article 704(1) DCCP).

How does the appeal process work?

A party can appeal a judgment of the district court or the subdistrict court to one of the four courts of appeal (gerechtshoven), unless the claim at first instance did not exceed €1,750, including interest up to the date of the summons (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)). On appeal, parties can only litigate through a lawyer (Article 79(2) DCCP).

The Amsterdam Court of Appeal also houses the Enterprise Chamber of the Amsterdam Court of Appeal, which deals with inquiry proceedings and certain other corporate matters (Article 2:345(1) DCC).

Judgments on appeal can be challenged in cassation before the Supreme Court (Article 398 DCCP). The period is three months, and eight weeks in summary proceedings (Article 402(1) and (2) DCCP). The Supreme Court 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. Read more about appeal proceedings in the Netherlands.

Which professional rules and costs apply?

A Dutch lawyer (advocaat) must be independent, partial in representing the client’s legitimate interests, expert and of integrity, and must observe confidentiality within the limits set by law (Article 10a(1) 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). Lawyers are also bound by the regulations of the Netherlands Bar (Article 28 Dutch Lawyers Act).

Costs to take into account:

Lawyer’s fees: agreed between you and your lawyer. Ask for a written fee arrangement and a budget at the start.
Court fees (griffierecht): 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 at first instance (€19,518 in proceedings before the Netherlands Commercial Court), depending on the amount of the claim (table annexed to the Court Fees in Civil Cases Act). See also our overview of Dutch court fees in 2026.
Cost order: the losing party is ordered to pay the costs of the proceedings; the court can set off the costs if both parties lose on some points (Article 237(1) DCCP). In practice, lawyer’s fees are awarded on the basis of fixed rates (liquidatietarief) that usually cover only part of the actual fees.
Third-party funding: for collective actions by a foundation or association, the Civil Code requires, among other things, sufficient means to bear the costs, with sufficient control over the claim remaining with the organisation (Article 3:305a(2)(c) DCC), and for certain consumer claims funding that does not come from a competitor of, or a party dependent on, the defendant (Article 3:305a(2)(f)). The Dutch Code of Civil Procedure contains no specific rules on third-party funding of ordinary civil cases.

Frequently asked questions about litigation under Dutch law

How does litigation in the Netherlands start?

In most civil cases, a bailiff serves a writ of summons on the defendant and the claimant files it with the court registry before the docket date (Articles 45, 111 and 125 DCCP). Some matters are started by an application instead (Article 261 DCCP). For many contractual claims, a written notice of default must come first (Article 6:82(1) DCC).

Do you need a Dutch lawyer for litigation in the Netherlands?

Before the subdistrict court, you can litigate in person or through an authorised representative (Articles 79(1) and 80(1) DCCP). In all other cases, including appeal and cassation, you can only litigate through a lawyer (Article 79(2) DCCP). In summary proceedings, the defendant can also appear in person (Article 255(1) DCCP), and in arbitration no lawyer is required (Article 1038(1) DCCP).

How are business disputes resolved under Dutch corporate law?

Most business disputes go to the civil courts, or to arbitration if the parties agreed on it (Article 1020 DCCP). For disputes about the management of a company, persons entitled to do so can ask the Enterprise Chamber of the Amsterdam Court of Appeal to order an inquiry (Article 2:345(1) DCC) and, if needed, immediate provisions for the duration of the proceedings (Article 2:349a(2) DCC).

What does litigation in the Netherlands cost?

Your own lawyer’s fees, the court fee and the bailiff’s costs. In 2026, a company pays a court fee of €735 to €10,487 at first instance before the district court (€19,518 before the Netherlands Commercial Court), depending on the amount of the claim (table annexed to the Court Fees in Civil Cases Act). The losing party is ordered to pay the costs of the proceedings (Article 237(1) DCCP), usually on the basis of fixed rates.

Can you appeal a Dutch court judgment?

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). On appeal, you need a lawyer (Article 79(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, 22, 23, 32a, 45, 79, 80, 87, 93, 111, 114, 115, 125, 128, 131, 136, 139, 143, 149, 150, 152, 165, 186, 194, 196, 224, 233, 237, 254, 255, 257, 261, 332, 339, 350, 398, 402, 430, 611a, 700, 701, 704, 705, 718, 1020, 1022, 1038, 1058 and 1059
Dutch Civil Code (Burgerlijk Wetboek): Articles 2:345, 2:349a, 3:305a, 3:307, 3:310, 3:316, 3:317, 3:319, 3:322, 6:82 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): Articles 10a and 28
Dutch judiciary: Organisation of the courts (rechtspraak.nl)

When should you contact a Dutch litigation lawyer?

Preferably before you send a notice of default or a termination letter, and in any event as soon as you receive a Dutch summons: the docket date in the summons is the deadline to appear. A lawyer can check the time limits, the competent court, your evidence and the options for attachment or settlement. See also our overview of litigation in the Netherlands.

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