You initiate legal proceedings against a Dutch company by preparing a Dutch writ of summons through a bailiff and filing it with the Dutch district court (for claims up to €25,000) or the civil court (above €25,000 or for non-financial disputes). The summons describes the conflict, your legal basis, and what you demand from the Dutch company.
Legal proceedings against a Dutch company always begin with careful preparation. Before approaching the Dutch court, you must determine whether your conflict falls under civil law according to Dutch legislation. Disputes involving contract breach under Dutch law, unpaid invoices, product liability, or delivered services fall within this category. From the outset, gather all relevant documentation: commercial contracts, invoices, email correspondence, payment evidence, and other supporting materials that substantiate your claim.
Which Court Handles Your Case Against a Company Under Dutch Law?
The competent Dutch court depends on the amount and nature of your claim. The Dutch judicial system recognizes two instances for civil proceedings: the district court (afdeling kanton) and the Dutch civil court (rechtbank). This division determines not only the procedure but also whether you must engage a lawyer.
Dutch District Court: Proceedings Up to €25,000
The Dutch district court handles disputes where the claimed amount reaches a maximum of €25,000. Additionally, this court handles specific disputes regardless of the amount, namely employment conflicts, rental cases, commercial agency matters, consumer purchases, and consumer credit. A Dutch lawyer is not mandatory at the district court, although legal assistance is strongly recommended. Court fees are lower here than at the civil court, making the procedure financially more accessible.
Dutch Civil Court: Complex Cases and Higher Amounts in Dutch Law
For claims exceeding €25,000 or disputes not expressible in monetary terms, you must approach the civil court. Consider contract termination, nuisance caused by a company, or disputes about the existence of an agreement. At the civil court, you are obligated to engage a lawyer. Court fees are higher, and both parties pay this amount to the court.
What are in 2026 the Court Fees under Dutch law?
Dutch Court fees are the costs that both the claimant (the one starting the case) and the defendant (the one defending the case) must pay to the court in civil cases. This applies to different types of legal proceedings, such as commercial disputes, family law cases, urgent applications (except for summary proceedings), and insolvency cases. The court fee varies depending on the value of the case, the type of parties involved (natural persons or legal entities), and whether the party qualifies as having low income.
Court fees contribute to the operational costs of the judiciary system. They ensure that the judicial system functions effectively and that the process is fair. Paying court fees is a necessary step for both individuals and companies involved in legal actions. However, the fees can be significant, especially in cases with high stakes.
Court Fees in the Netherlands in 2026: The New Tariffs
For 2026, the tariffs for court fees in civil cases have been indexed once again. The Dutch civil court fees 2026 for different types of cases are as follows (approximately):
| Type of Case | Court Fee for Legal Entities | Court Fee for Natural Persons | Court Fee for Indigents |
|---|---|---|---|
| Cases of Undefined Value (e.g., request for conservatory attachment) | €735 | €341 | €93 |
| Cases with a Claim or Request up to €100,000 | €3,083 | €1,414 | €93 |
| Cases with a Claim or Request Between €100,000 and €1,000,000 | €7,062 | €2,803 | €93 |
| Cases with a Claim or Request Above €1,000,000 | €10,487 | €2,803 | €93 |
| Deposit of the First Distribution List or Approval of a Settlement | €820 | €820 | €820 |
| Inheritance Deeds | €165 | €165 | €165 |
Who Pays the Court Fees in the Netherlands?
In civil cases, both the claimant and the defendant are responsible for paying court fees in the Netherlands. The amount of the court fee depends on the value of the claim or request, as shown above. An important point is that fees for companies are often much higher than for natural persons, as companies fall into the “legal entity” category. As a result, the court fee for businesses can be substantial, particularly in high-value cases.
Additionally, there is the option for individuals or legal entities with low income to pay a reduced court fee by qualifying for the indigent rate. This applies to both natural persons and legal entities who can demonstrate financial hardship.
Summary Proceedings (Kort Geding) as a Fast-Track Alternative in Dutch Litigation
Summary proceedings in the Netherlands, known in the Netherlands as kort geding, offer a fast and effective alternative to ordinary Dutch court proceedings. A claimant may initiate a kort geding before a district court even if another court would normally have jurisdiction in full proceedings. The purpose is to obtain a provisional court decision in urgent matters where immediate relief is required. Although the decision is preliminary and does not finally determine the legal merits, it can have far-reaching and sometimes irreversible consequences, making it a powerful litigation tool in Dutch civil law practice.
Speed, Judicial Discretion, and Decision-Making in Dutch Summary Proceedings
One of the main advantages of kort geding proceedings is speed. While ordinary civil proceedings in the Netherlands often take more than a year due to written submissions, evidentiary rules, and procedural delays, a kort geding typically results in a decision within six weeks. The case is usually handled by a single senior judge (the president of the district court) and involves one oral hearing. The judge has broad discretion, is not bound by strict rules of evidence, and may decide based on urgency, the balance of interests, and the credibility of the facts. The focus is less on exhaustive legal analysis and more on pragmatic conflict management and interim solutions.
Popularity, Growth, and Practical Impact of the Kort Geding Procedure
The popularity of Dutch summary proceedings has grown significantly, particularly since the 1980s, as lengthy full procedures are increasingly replaced by kort geding actions. The mere threat of initiating summary proceedings often leads to settlements, with approximately one third of cases withdrawn before the hearing. Judicial practice, however, varies by district, as court presidents have considerable autonomy in organizing and prioritizing kort geding cases. Despite these regional differences, summary proceedings play a crucial role in Dutch litigation by providing swift judicial intervention, encouraging settlements, and effectively regulating disputes before they escalate into prolonged legal battles.
What Are Realistic Alternatives to Litigation in the Netherlands?
Before starting proceedings, first investigate whether the conflict can be resolved outside court. Dutch courts actively encourage parties to negotiate first or attempt mediation. This approach saves time, money, and often the business relationship as well.
Direct negotiation with the company forms the first step. Document what you demand and why in writing, for example through registered mail or email with read confirmation. Many companies still respond positively when they understand you are considering legal steps. A formal notice of default with a clear deadline for response can often achieve the desired effect.
Mediation offers a neutral mediator who helps both parties reach a solution. This proceeds faster than litigation and costs on average between €1,500 and €3,000, depending on complexity. For disputes with companies in certain sectors, you can approach a recognized Disputes Committee, which provides binding advice at relatively low costs.
The settlement judge forms an intermediate option: this judge speaks with both parties to seek a solution without formal proceedings. This option is faster, more accessible, and cheaper than a complete summons procedure.
How Do You Draft a Summons Against a Company Under Dutch Law?
A summons is the formal document with which you initiate proceedings. This legal document contains specific mandatory elements according to the Code of Civil Procedure. A careless or incomplete summons damages your chances and can lead to delay or even rejection.
Mandatory Components of Your Summons
Your summons must contain the following elements:
- Identification of both parties: full name, address, and legal form of the company (BV, NV, VOF)
- Factual description: concrete, verifiable facts about the conflict
- Legal basis: which statutory provisions or contractual agreements have been violated
- Your claim: precisely what you demand from the company (payment, performance, compensation)
- Hearing date: when and where the case will be heard
Use specific legal terminology to strengthen your claim. Reference relevant statutory articles such as Article 6:74 Dutch Civil Code for damages in case of attributable shortcoming, or Article 6:248 Dutch Civil Code regarding performance of contractual obligations. Concrete amounts, dates, and deadlines make your summons stronger than vague assertions.
The Role of the Bailiff
Only a court bailiff may officially serve a summons to a company. You cannot deliver this document yourself, regardless of how good your relationship with the company is. The bailiff ensures formal service according to Article 45 Code of Civil Procedure. This cost item amounts to an average between €150 and €400, depending on complexity and whether the company has multiple locations.
The bailiff serves the summons to the company and delivers a copy to the court. This officially starts the proceedings. The company then receives time to respond, usually a minimum of four weeks before the first hearing.
What Evidence Strengthens Your Case in the Netherlands?
Strong evidence makes the difference between winning and losing. The judge assesses your claim based on facts, not emotions or assumptions. Therefore, collect as much objective documentation as possible that supports your position.
Essential Documents in Proceedings Against Companies
Contracts and general terms and conditions form the basis of your claim. Always preserve the complete agreement including appendices and subsequent amendments. In disputes about general terms and conditions, you must be able to prove that the company made these available prior to the agreement.
Email correspondence demonstrates communication, agreements, and any warnings. Invoices and payment evidence document financial claims. In case of damage from delivered products or services, photographs, videos, and technical reports constitute valuable evidence. Expert reports from independent specialists carry significant weight, especially in technical disputes.
Witness statements can support your case, but only if witnesses have no direct interest in the outcome. Ask witnesses directly after the incident for a written statement. Details fade quickly, and consistent statements are more credible.
Organization of Your Evidence
Sort all documents chronologically and by subject. Create digital backups and store originals in multiple locations. The judge appreciates clearly presented evidence with clear dates and context. A well-organized file demonstrates professionalism and strengthens your credibility.
What Does a Procedure Against a Company Cost Under Dutch Law?
Legal costs consist of multiple components that quickly accumulate. A realistic cost estimate prevents financial surprises and helps in deciding whether proceedings are worth the investment.
Court Fees at Different Courts
Court fees vary per court and amount. At the district court, only you as plaintiff pay court fees, averaging between €127 for small claims to €1,267 for amounts around €25,000. At the civil court, both parties pay, with rates from €337 to well over €4,000 for higher amounts. These costs are mandatory and form a significant part of your initial investment.
Lawyer Costs and Legal Representation
Lawyer costs usually form the largest cost item. Dutch lawyers charge on average between €200 and €400 per hour, depending on their specialization and experience. A standard summons procedure quickly costs between €5,000 and €15,000 in lawyer fees, excluding any follow-up proceedings or appeal.
Some law firms work with fixed price agreements for specific proceedings. This provides financial certainty, although complex cases are still charged hourly. Always ask in advance for an estimate of total costs and discuss a payment arrangement.
Recovery of Legal Costs from the Losing Party
When the judge rules in your favor, you can recover part of your legal costs from the company. This concerns court fees and a fixed fee for lawyer costs according to the liquidation rate. However, these fixed amounts often fall below your actual lawyer costs. For a claim of €10,000, the liquidation rate amounts to €1,500, for example, while your actual costs may reach €8,000.
How Does the Company Respond to Your Summons in Dutch Law?
After receiving the summons, the Dutch company has several options. Their response largely determines how the proceedings progress and how much time they take.
Possible Responses from the Defendant
The company in the Netherlands may attempt to reach a settlement before the case is heard. Negotiations at this point can save both parties time and money. Approximately 30% of all civil cases end in settlement before the first hearing.
If the company contests the summons, it files a statement of defense with the court. This document contains their defense, counterarguments, and any evidence. Sometimes the company also files a counterclaim, whereby they actually demand something from you. At the civil court, a lawyer is mandatory for this.
Does the company not respond at all and not appear at the hearing? The judge usually issues a default judgment whereby you are proven right. This occurs in approximately 15% of all civil proceedings. However, the company can still oppose within four weeks after service of the judgment.
Oral Hearing at the Dutch Court
During the hearing, both parties present their positions. The judge asks questions to gain clarity and sometimes attempts to persuade parties toward settlement. At the district court, proceedings often proceed more informally than at the civil court, where strict formal rules apply.
The Dutch judge may decide on written proceedings without a hearing. Parties then exchange positions and evidence by letter. This approach often proceeds faster and more cheaply, especially for clearly documented cases.
How Much Time Does a Procedure Take in the Netherlands?
Processing time varies greatly per procedure and per Dutch court. Realistic expectations prevent frustration and help in planning your strategy.
Regular Summons Proceedings (bodemprocedure)
A standard summons procedure at the Dutch district court (in Dutch: “bodemprocedure”) lasts on average six to twelve months. At the Dutch civil court, you calculate eight months to a year and a half for a simple case. Complex disputes with expert investigation or extensive evidence presentation can take two to three years.
Dutch courts work relatively quickly compared to other European countries. Nevertheless, procedural delays can occur: full schedules, illness of judges, requests for postponement, or additional evidence. After the judgment, both parties have three months to appeal, which further extends the total processing time.
When Do You Need Legal Assistance Under Dutch Law?
A Dutch lawyer significantly increases your chance of success, even when not mandatory. Legal expertise makes the difference between a well-substantiated claim and a weak case that the judge rejects.
Mandatory Lawyer at the Dutch Civil Court
For proceedings before the Dutch civil court, you must always engage a lawyer tom start proceedings according to Article 79 Code of Civil Procedure. This rule applies to all summons proceedings above €25,000 and non-financial disputes. For summary proceedings before the civil court, only the plaintiff is obligated to have a lawyer admitted to the Dutch Bar, unless the defendant files a counterclaim.
Voluntary Assistance at the Dutch District Court
Although you may proceed without a Dutch lawyer at the Dutch district court, professional help is very wise. A lawyer in the Netherlands knows the procedural rules, understands how the judge values arguments, and prevents procedural errors that damage your case. Approximately 65% of plaintiffs at the district court still choose legal assistance.
Do you want more certainty about your legal position before starting proceedings? Specialized lawyers analyze your situation and advise on the best strategy. They assess your chance of success and the expected costs.
Alternative Legal Support in the Netherlands
Legal insurance often covers legal assistance in disputes with companies. Check your policy before incurring costs. Some insurers have their own lawyers; others reimburse a self-selected Dutch lawyer up to a maximum amount.
The Legal Counter offers free advice for simple legal questions. However, for complex proceedings against companies, this is insufficient. They can refer you to specialized lawyers or mediation institutions.
What Happens After the Judgment in Dutch Law?
The judge delivers judgment after completing the proceedings. This decision is called a judgment in summons proceedings and a decision in petition proceedings. The judgment states which party is proven right and what the legal costs are.
Execution of the Judgment
If you are proven right, the company must execute the judgment. If the company does not do this voluntarily, you engage a bailiff for forced execution. The bailiff can levy wage attachment, block bank accounts, or seize goods according to Article 475 Code of Civil Procedure.
Attachment costs extra money: bailiffs charge between €500 and €1,500 for execution work. With persistent refusers, this process can take months, especially if the company attempts to conceal its assets.
Appeal and Cassation in the Netherlands
Do you disagree with the judgment of the Dutch district court? Then you can appeal to the court of appeal, provided the claim exceeds €1,750 or the law expressly permits this. For judgments from the civil court, appeal is always possible. The deadline for this is three (3) months after the judgment, and four (4) weeks to appeal a verdict in Dutch summary proceedings.
Appeal means new proceedings in the Netherlands with associated costs and processing time. The Dutch court of appeal reviews the case anew and delivers its own judgment. On average, an appeal takes one and a half to two years. Against the court’s ruling, you can potentially still file cassation with the Supreme Court, but only on legal-technical grounds.
Practical Tips for Successful Proceedings in the Netherlands
Good preparation determines 70% of your success. These practical recommendations help you build a strong case and avoid unnecessary errors.
Document everything from the first contact with the company. Preserve emails, note telephone conversations with date and time, and record agreements in writing. This paper trail forms the backbone of your evidence.
Always send important communication by registered mail with receipt confirmation. In proceedings, only what you can prove counts, not what you remember. A simple email with read confirmation already has legal value.
Remain professional and unemotional in all communication. Threats, insults, or emotional outbursts damage your credibility with the judge. Facts and legal arguments persuade; emotions do not.
Contact a Dutch law firm like MAAK Advocaten in Amsterdam for personal legal advice about your specific situation. Specialized lawyers assess your chances realistically and prevent costly mistakes. An initial consultation costs on average between €150 and €300, but often saves you thousands of euros in wrong strategies.
