How to Start Legal Proceedings in Dutch Courts?

Legal proceedings in Dutch courts begin through a writ of summons (served by a Dutch bailiff) or a petition (filed directly with the court). The Dutch writ of summons contains your claim, legal grounds, and known defenses. After service, your case appears on the court roll and formal written and oral proceedings commence according to the Dutch Code of Civil Procedure.

Dutch courts handle over 180,000 civil procedures annually. You choose between a subdistrict court (for disputes up to €25,000, employment conflicts, or rental matters) or the district court (for higher amounts or complex legal issues). For district court proceedings, lawyer representation is mandatory according to Article 79 of the Dutch Code of Civil Procedure. At the subdistrict court, you may represent yourself, although legal support remains advisable.

A properly drafted writ prevents delays. Therefore, entrepreneurs work regularly with specialized litigation lawyers who understand formal requirements and proceed strategically. Legal errors in the initiating document lead to dismissal or delays of several months.

What Are the Two Routes to Court in the Netherlands?

You initiate Dutch civil proceedings through a writ of summons for disputes with conflicting interests (such as monetary claims or contract breaches under Dutch law) or through a petition for consensual requests without a genuine opposing party (for example, divorce by mutual consent or guardianship orders).

According to Article 111 of the Dutch Code of Civil Procedure, the law determines precisely which route you follow. You use a writ of summons for all adversarial proceedings: one party (plaintiff) demands something from another party (defendant) who contests this. Approximately 85% of all civil procedures start with this summons route.

You file a petition for proceedings without a genuine opposing party. Examples include requests for curatorship, guardianship, adoption, or divorce with mutual agreement. Here, you request the court to make a decision, not to resolve a conflict between you and an opposing party.

Practice example: An Amsterdam entrepreneur claims payment of an outstanding invoice of €18,500 from a supplier in Rotterdam. This claim starts through a writ of summons at the subdistrict court, because the amount remains below €25,000. The supplier receives four to six weeks to file written defense in a statement of defense.

How Do You Draft a Valid Writ of Summons Under Dutch Law?

A valid Dutch writ of summons contains your exact claim, all relevant facts and circumstances, legal grounds with statutory references, known defenses from the defendant including your response, and mandatory warnings to the defendant about legal consequences of non-appearance.

Therefore, a writ meets strict statutory requirements according to Article 111 of the Dutch Code of Civil Procedure. You mention the identity details of both parties, the competent court, the appearance date, and the case number. Moreover, you substantiate each assertion with concrete evidence such as contracts, invoices, email correspondence, or witness statements.

The writ explicitly warns the defendant of the consequences of non-appearance. Subsequently, the court may issue a default judgment granting your claim, unless it proves unlawful or unfounded. Approximately 30% of all writs result in a default judgment because the defendant fails to mount a defense.

Furthermore, you already include the defendant’s defense in your writ. You anticipate possible counterarguments and refute these directly with legal reasoning. This anticipation strengthens your position significantly during the preliminary hearing.

Formal Requirements According to the Dutch Code of Civil Procedure

Besides substantive elements, the law imposes formal requirements on layout and structure. The writ mentions the competent court, for example “Amsterdam District Court, civil law division”. Additionally, the document contains the roll number session and appearance date that the bailiff completes after coordination with the court.

You substantiate legal grounds with specific statutory articles. For contract breach, you refer to Article 6:74 Dutch Civil Code (default), for tortious acts to Article 6:162 Dutch Civil Code. This enables the court to immediately understand the legal framework of your claim.

Moreover, you attach relevant productions as appendices: the signed contract, payment reminders, formal demands, or expert reports. You number each piece of evidence consecutively (production 1, production 2) with clear references in the text.

What Happens During Service by the Bailiff in the Netherlands?

The bailiff personally delivers the writ to the defendant or at their residential or registered address, after which he prepares a service report as official proof that proceedings have legally commenced according to Article 45 of the Dutch Code of Civil Procedure.

Service by bailiff is mandatory. You may never send a writ by mail or hand it over personally. The bailiff ensures legally watertight delivery and records exactly when, where, and to whom he delivered the document.

Thereafter, the bailiff sends the service report to your lawyer. This proof of service you file with the court to make the case pending. Without a valid service report, the court does not place your case on the roll and proceedings formally do not commence.

Is the defendant not home? Then the bailiff leaves the writ in a sealed envelope with a household member or neighbor who is at least 18 years old. At businesses, he delivers the document to an employee at the registered address. Subsequently, he sends a registered letter within 48 hours for confirmation.

Service Costs and Court Fees in Dutch Litigation

The bailiff charges costs ranging between €85 and €125 per service, depending on travel distance and complexity. You recover these costs as plaintiff from the defendant if the court grants your claim.

Additionally, when submitting the case, you pay court fees to the court.

Court Fees in the Netherlands in 2026: The New Tariffs

For 2026, the tariffs for Dutch court fees in civil cases have been indexed once again. The fees for different types of cases are as follows (approximately):

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.

How Does Written Procedure Progress After Summons in the Netherlands?

The defendant receives four to six weeks for a Dutch statement of defense in which he acknowledges or contests your claim with legal arguments and evidence, after which possibly a reply (your response) and rejoinder (defendant’s response) follow according to principles of hearing and cross-examination.

The written round guarantees both parties can fully explain their positions. Approximately 75% of all procedures include at least one written round; more complex cases sometimes involve three or four rounds before the preliminary hearing occurs.

Therefore, the court examines each pleading for completeness and legal substantiation. Are essential elements missing? Then you receive the opportunity to supplement these. If the pleading satisfies requirements, a new roll date follows when the opposing party responds.

The defendant can also file a counterclaim in his statement of defense (claim in reconvention). He then demands something from you as original plaintiff. For example: you claim payment of €15,000, the defendant counterclaims €8,000 for defects in your delivery. The court handles these counterclaims jointly.

Litigation Strategy During Written Phase

Entrepreneurs work closely with their litigation specialist during this phase to identify legal weaknesses in the defense. Approximately 40% of all proceedings end during the written phase with a settlement, because parties better assess the strength of each other’s arguments.

Subsequently, you determine with your lawyer whether additional evidence is necessary. Witnesses, experts, or documents that the defendant mentions in his defense often form starting points for further substantiation. The court allows this in an interim judgment with evidence order.

Moreover, you watch deadlines carefully. Default on a pleading deadline leads to default on your side, with possible dismissal of your claim as consequence. The court grants extensions only for compelling reasons such as illness or unforeseen circumstances.

Do you want certainty about your legal position during the written phase? Our specialized lawyers analyze the defendant’s defense and advise on the best follow-up strategy for your specific situation.

What Is a Preliminary Hearing Under Dutch Law?

A preliminary hearing is a court session where you and the defendant appear with your lawyers to orally explain your positions, answer the judge’s questions, and explore possibilities for amicable settlement according to Article 87 of the Dutch Code of Civil Procedure.

During this session, the judge creates space for direct communication. Approximately 55% of all cases with a preliminary hearing end with a settlement. The judge sometimes gives an indication of his preliminary opinion, enabling parties to form realistic expectations.

Therefore, you prepare thoroughly for this session. You formulate key points you want to emphasize orally and anticipate questions the judge might pose. Legal advisors recommend presenting maximum three main arguments clearly instead of repeating all details.

The preliminary hearing lasts on average 45 to 90 minutes. At the beginning, the judge invites you for corridor negotiations: you leave the courtroom with the defendant and your lawyers to negotiate a settlement. If you reach no agreement, the hearing resumes with questioning and explanation.

Settlement Negotiations During the Preliminary Hearing

Negotiating in the corridor offers concrete advantages. You save time, costs, and the risk of an unfavorable judgment. Moreover, you retain control over the outcome instead of leaving this to the judge. Approximately 30% of entrepreneurs reach during corridor negotiations a compromise that proves acceptable to both parties.

Therefore, you formulate beforehand your minimum and maximum settlement position. What is the lowest amount you accept? Which non-financial conditions are essential? These clear starting points accelerate negotiations and prevent hasty decisions under time pressure.

The judge actively facilitates negotiations. He signals legal risks on both sides and points out weaknesses in each other’s positions. This intervention significantly increases settlement willingness, because parties more realistically assess how the judge might rule.

When Does the Court Order Witness Examination or Expert Investigation in the Netherlands?

The court orders witness examination or expert investigation in an interim judgment when crucial facts between parties remain disputed and written evidence offers insufficient clarity according to Article 166 or Article 194 of the Dutch Code of Civil Procedure.

In complex technical disputes, the court often appoints an independent expert. This expert examines the situation, conducts measurements or assesses documents, after which he prepares a report for the court. Expert investigations extend procedures by an average of six to nine months.

Therefore, the judge carefully weighs whether additional evidence is necessary. Approximately 15% of all civil procedures include an evidence phase with witnesses or experts. In construction disputes, medical liability cases, and complex contract conflicts, this percentage reaches around 40%.

Witnesses appear personally before the court to answer questions under oath. You may nominate witnesses as party yourself, but the court decides which witnesses are actually heard. Each witness first answers your questions, then those of the opposing party, and finally any supplementary questions from the court.

Costs of Expert Investigation

An expert charges costs between €3,000 and €15,000, depending on complexity and time investment. You pay these costs in advance as plaintiff, but recover them from the defendant upon granting of your claim. Upon dismissal, the costs remain your responsibility.

Additionally, an expert investigation takes on average four to six months. The expert schedules site visits, conducts analyses, prepares draft reports to which parties respond, and ultimately delivers the final report to the court. This period extends your total procedure time significantly.

Experts work independently and impartially. They account to the court, not to the party who nominated them. The expert report often forms decisive evidence on which the court bases its final judgment.

How Long Does a Procedure Take in Dutch Courts?

A simple summons procedure without evidence order takes on average twelve to eighteen months from writ to final judgment, while complex cases with witness examinations or expert investigations require two to three years before the court reaches a definitive decision.

Duration depends heavily on the number of written rounds and evidence proceedings. Therefore, a case with only writ, statement of defense, and preliminary hearing requires approximately twelve months. If you add a reply/rejoinder, this increases to fifteen months. With an expert investigation, you reach on average 24 to 30 months.

Moreover, court workload plays a role. Amsterdam District Court handles annually more than 25,000 civil cases, causing waiting times for sessions and judgments to increase. Judges regularly receive extensions for issuing judgments, sometimes with months of delay.

Approximately 60% of all procedures include at least one extension request from a party. Lawyers request extensions for pleadings due to complexity, vacation periods, or parallel settlement negotiations. The court usually grants this, provided the opposing party does not object.

Acceleration Options and Emergency Proceedings in the Netherlands

In urgent situations, you initiate summary proceedings. This procedure delivers within two to three weeks a preliminary injunction from the preliminary relief judge. Approximately 20% of entrepreneurs choose summary proceedings when immediate action is necessary, for example with imminent damage or necessary attachment.

Additionally, constructive procedural conduct accelerates your procedure. Parties who respond timely, make concrete settlement proposals, and avoid unnecessary written rounds reach on average 30% faster a final judgment. Litigation specialists recommend a proactive approach where you explore alternatives to lengthy procedures.

Mediation forms an effective alternative. An independent mediator guides negotiations between parties, whereby in 70% of cases a binding agreement is reached within three to four months. This route saves time, costs, and preservation of business relationships.

Contact our law firm for personal legal advice about expected duration and possible acceleration options in your specific situation.

What Are the Costs of Litigation in the Netherlands?

Total costs of civil proceedings average between €5,000 and €25,000, consisting of court fees (€127 to €1,409), lawyer costs (€150 to €350 per hour), bailiff costs (€85 to €125), and possible expert costs (€3,000 to €15,000).

You pay court fees when submitting the case and these vary according to the amount of your claim. Up to €1,500, court fees amount to €127; between €1,500 and €3,000, this increases to €258. For claims above €100,000, you pay €1,409. Businesses pay approximately 50% higher rates than private individuals.

Therefore, specialized lawyers provide a cost estimate in advance. This specification contains expected hours for writ, pleadings, preliminary hearing, and possible follow-up steps. Transparent agreements beforehand prevent discussions afterward.

Lawyer costs form the largest cost item. A simple procedure requires on average 30 to 50 hours of legal work; complex cases reach 100 to 200 hours. With hourly rates between €150 and €350, this results in total costs of €4,500 to €70,000 for legal assistance.

Litigation Costs Award and Recovery Options in Dutch Law

If you win the procedure, the court orders the defendant to pay your litigation costs. However, this statutory compensation amounts to only a fraction of actual costs: on average 20% to 40%. For a claim of €50,000, you receive approximately €2,800 litigation costs compensation, regardless of your actual legal costs.

Subsequently, you consider beforehand whether proceeding is economically sensible. Advisors apply the rule of thumb that your claim must minimally triple expected litigation costs to justify proceedings financially. For lower amounts, you first explore alternative dispute resolution.

Legal expenses insurance sometimes covers lawyer costs up to a maximum between €10,000 and €25,000 per dispute. Approximately 35% of entrepreneurs have legal protection within their business insurance package. Check your policy beforehand and inform your insurer timely about the intention to proceed.

What Legal Remedies Exist Against a Judgment in the Netherlands?

Against a court decision, you file an appeal within three months with the Court of Appeal (Article 339 Dutch Code of Civil Procedure) or lodge opposition within four weeks against a default judgment (Article 143 Dutch Code of Civil Procedure), whereby the Court of Appeal reviews the case completely anew.

Appeal starts with an appeal writ in which you motivate why the judgment is incorrect. The Court of Appeal handles the case anew and assesses both legal and factual aspects. Approximately 25% of all final judgments lead to appeal proceedings.

Therefore, you carefully weigh whether appeal is promising. The Court of Appeal confirms in 60% of cases the earlier judgment, annuls in 30% partially, and in 10% completely. Litigation specialists advise to appeal only with clear legal errors or incorrectly established facts.

The appeal threshold amounts to €1,750. Below this amount, you may not file appeal, except in employment and rental law disputes where no appeal threshold applies. This threshold prevents disproportionate proceedings for small claims.

Cassation at the Supreme Court in Dutch Law

Against a Court of Appeal ruling, you file cassation within three months with the Supreme Court. However, this highest court only assesses legal questions, not facts. Approximately 5% of all civil proceedings reach the cassation phase.

Therefore, a specialized cassation lawyer files the cassation appeal. These lawyers have specific admission to the Supreme Court and know the strict requirements for cassation briefs. The Supreme Court declares approximately 70% of all cassation appeals unfounded.

Cassation takes on average eighteen to 24 months. After annulment by the Supreme Court, it usually refers the case back to another Court of Appeal for new substantive handling. This extends total procedure time by years.

How Does Enforcement Proceed After a Granted Judgment in the Netherlands?

After a final judgment whereby the defendant is ordered to pay, you engage a bailiff for enforcement who serves the judgment on the debtor and subsequently proceeds to forced collection through attachment of bank accounts, inventory, or real estate according to Article 430 of the Dutch Code of Civil Procedure.

The bailiff first sends a written demand with payment deadline of fourteen days. If the debtor fails to pay, the bailiff levies attachment. Approximately 40% of all judgments require enforcement measures because convicted parties do not pay voluntarily.

Therefore, the bailiff investigates the object of recovery beforehand. He checks bank balances, vehicle registrations, and cadastral data to establish where recoverable assets exist. This preliminary investigation significantly increases the success rate of attachment.

Third-party attachment on bank accounts forms the most effective enforcement method. The bank immediately blocks the balance up to the amount of your claim plus enforcement costs. With sufficient balance, you receive payment within four to six weeks through the bailiff.

Enforcement Costs and Recovery Possibilities

Enforcement costs average 15% of the amount to be recovered with a minimum of €800. The bailiff recovers these costs from the debtor on top of your original claim. With insufficient recovery, costs remain your responsibility.

Subsequently, you regularly check whether enforcement remains sensible. Debtors without recoverable assets only bring costs without results. Approximately 20% of all enforcement trajectories yield insufficient to cover costs.

Entrepreneurs therefore work with collection specialists who assess recoverability in advance. This analysis prevents futile enforcement attempts and saves unnecessary costs in hopeless cases.

When Do You Choose Summary Proceedings in the Netherlands?

You initiate summary proceedings in urgent situations where immediate relief is necessary to prevent irreversible damage, such as imminent attachment, acute contract breach, or reputational damage, whereby the preliminary relief judge reaches a provisional decision within two to three weeks according to Article 254 of the Dutch Code of Civil Procedure.

The preliminary relief judge tests two criteria: urgency and the interests of parties. Approximately 75% of all summary proceedings are granted because plaintiffs demonstrate sufficient urgency. If urgency is lacking, the judge dismisses the claim with reference to proceedings on the merits.

Therefore, you formulate concrete urgency in your writ. You substantiate which irreversible damage threatens with delay and why proceedings on the merits take too long. Examples include imminent bankruptcy, acute liquidity problems, or inadmissible publications that damage your reputation.

The preliminary relief judge handles summary proceedings within two to three weeks after the writ. The session lasts on average 30 to 60 minutes, after which the judge issues judgment within fourteen days. This speed makes summary proceedings ideal for urgent situations.

Limitations of Preliminary Injunctions Under Dutch Law

Preliminary injunctions are not definitive. The preliminary relief judge makes a quick assessment based on summary review. Approximately 40% of parties also initiate proceedings on the merits after summary proceedings for a definitive decision.

Subsequently, certain claims are not possible in summary proceedings. Contract termination, property acquisition, or declaratory judgments you obtain only in proceedings on the merits. The preliminary relief judge may only order, prohibit, or impose provisional payments.

Moreover, a summary proceedings judgment does not bind the judge on the merits. In later proceedings on the merits, the judge reviews the case anew and completely. He may reach an opposite conclusion, although this happens in practice in only 15% of cases.

Do you want to know whether your situation is suitable for summary proceedings? Our litigation specialists assess your case and advise on the best legal strategy for swift and effective legal protection.

Conclusion

Litigating in Dutch courts requires careful preparation and strategic choices. You start with a formally correct writ, proceed through written and oral proceedings, and reach after an average of twelve to eighteen months a judgment. Total costs vary between €5,000 and €25,000, depending on complexity and evidence proceedings. In urgent situations, summary proceedings offer relief within several weeks. Legal remedies such as appeal and cassation extend procedures by years but offer opportunities with legal errors. Enforcement through bailiffs completes the trajectory through forced collection. This procedure follows strict statutory proceedings according to the Dutch Code of Civil Procedure, whereby legal assistance significantly increases your chances of success.