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Civil litigation in the Netherlands is a largely written procedure before professional judges. Most cases start with a writ of summons (dagvaarding) that a bailiff serves on the defendant (Articles 45 and 111 Dutch Code of Civil Procedure, DCCP). Five tips: choose the right court, put the other party in default, secure evidence, state your claim and known defences fully, and meet every deadline.
This guide is written for businesses, including foreign companies, involved in a civil dispute in the Netherlands. Each tip refers to the Dutch statutory provision behind it. For a complete overview, see our pages on litigation under Dutch law and legal proceedings in the Netherlands.
How does the Dutch legal system work?
Tip 1: know which system and which court you are dealing with. The Netherlands has a civil law system, not a common law system. Private law is codified mainly in the Dutch Civil Code (Burgerlijk Wetboek, DCC) and civil procedure in the Dutch Code of Civil Procedure (Wetboek van Burgerlijke Rechtsvordering). Case law, especially of the Supreme Court (Hoge Raad), is important for the interpretation of these codes. A court may not, however, decide the cases before it by way of a general rule (Article 12 General Provisions Act).
According to the Dutch judiciary, there are 11 district courts and 4 courts of appeal. Civil cases start at a district court (rechtbank). Its subdistrict section (kantonrechter) 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. It also hears 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).
Before the subdistrict court, parties can litigate in person or through an authorised representative (Article 79(1) and 80(1) DCCP). In all other cases, they can only litigate through a lawyer (advocaat) (Article 79(2) DCCP). In summary proceedings, the defendant can also appear in person (Article 255(1) DCCP).
How do you gather evidence?
Tip 2: secure your evidence before you start. Collect the contract, general terms and conditions, correspondence, invoices and proof of performance, and identify possible witnesses. Under Dutch law, evidence can be provided by any means, unless the law provides otherwise, and the court assesses the evidence freely (Article 152 DCCP). The party that relies on the legal consequences of facts it asserts bears the burden of proving those facts, unless a special rule or the requirements of reasonableness and fairness lead to a different allocation (Article 150 DCCP). Facts that the other party does not dispute, or does not dispute sufficiently, must in principle be treated by the court as established (Article 149(1) DCCP).
There is no general pre-trial discovery as in common law systems. Instead:
- parties must state the facts relevant to the decision fully and truthfully (Article 21 DCCP);
- the court can order the parties to produce specific data relating to the case (Article 22(1) DCCP);
- a party to a legal relationship with a sufficient interest can claim inspection, a copy or an extract of specific data about that relationship from the person holding it, unless, for example, weighty reasons oppose this (Article 194 DCCP);
- before proceedings are pending, or before the case is entered in the cause list, the court can order provisional evidence measures at the request of an interested party, such as a provisional expert report, a site inspection or inspection of specific data, unless one of the grounds for refusal applies (Articles 196, 202, 203 and 204 DCCP).
Submit documents as far as possible with the summons or the statement of defence, and at the latest ten days before the oral hearing. Documents submitted later are disregarded, unless the requirements of proper procedure oppose this (Article 87(6) DCCP). Read more about evidence in Dutch civil law.
Which steps must you take before suing?
Tip 3: put the other party in default and protect your claim. Dutch law has no general pre-action protocol, and the Dutch Code of Civil Procedure contains no general obligation to try mediation before going to court. The following steps are, however, often required or wise:
- 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 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 (Article 3:317(1) DCC). 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).
- Collection costs. Reasonable costs of obtaining payment out of court can be claimed as damages (Article 6:96(2)(c) DCC); in commercial agreements within the meaning of Article 6:119a(1) DCC, at least €40 (Article 6:96(4) DCC). For work that is covered by the costs of the proceedings, such as preparing court documents, only the rules on legal costs apply (Article 241 DCCP).
- Know the defences. The summons must state the defences the defendant has raised against the claim and the grounds for them, as well as the evidence and witnesses the claimant can offer (Article 111(3) DCCP). Asking the other party for its position before you sue therefore also helps you draft the summons.
- Secure assets. With leave of the preliminary relief judge, you can attach the debtor’s assets before judgment (Article 700(1) DCCP). Unless proceedings on the merits are already pending, they must then be started within the period set by the judge, which is at least eight days after the attachment (Article 700(3) DCCP). See pre-judgment attachments.
Negotiation or mediation can be tried at any stage. 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).
How do you draft a statement of claim?
Tip 4: state your claim and the known defences fully. In most Dutch civil cases, the statement of claim is the writ of summons itself. Some matters must instead be started by an application (verzoekschrift), where the law so provides (Article 261(2) DCCP). Besides the general details of a bailiff’s writ (Article 45(3) DCCP), the summons states, among other things:
- the claim and its grounds (Article 111(2)(d) DCCP);
- the court that will hear the case and the docket date (roldatum) (Article 111(2)(e) and (f) DCCP);
- in cases where a lawyer is required, the name and office address of the claimant’s lawyer (Article 111(2)(c) DCCP);
- the defences the defendant has already raised and the grounds for them, and the evidence and witnesses the claimant can offer for the disputed grounds of the claim (Article 111(3) DCCP).
Practical points: formulate the relief you seek precisely, so that the court can award it as worded; present the facts fully and truthfully, because the court can draw the conclusions it sees fit if you do not (Article 21 DCCP); and attach the key documents. The claimant must file the summons with the court registry no later than the last day on which the registry 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). See also our page on the Dutch writ of summons.
Which procedural deadlines apply?
Tip 5: meet every deadline. Missing a procedural deadline can mean that the case lapses, that judgment is given by default, that documents are disregarded or that a remedy is no longer available. Key periods:
- Summons period. At least one week between service and the docket date (Article 114 DCCP). At least four weeks if the defendant has a known address in a state where Regulation (EU) 2020/1784 on the service of documents applies, or in a European state that is a party to the Hague Service Convention of 15 November 1965; at least three months for a defendant with a known address elsewhere abroad. One week suffices if the summons is served in the Netherlands on the defendant in person or at an address the defendant chose for the case (Article 115 DCCP; Article 56(1) DCCP).
- Filing. The claimant files the summons no later than the last day on which the registry is open before the docket date (Article 125(2) and (5) DCCP).
- Court fee. The claimant must pay the court fee within four weeks after the first call of the case at a hearing or, failing that, after the first docket date; the defendant within four weeks after appearing (Article 3(3) Court Fees in Civil Cases Act).
- Documents. At the latest ten days before the oral hearing (Article 87(6) DCCP).
- Objection to a default judgment. In principle four weeks after the judgment was served on the defendant in person, or eight weeks if the defendant has no known address in the Netherlands but a known address abroad (Article 143(2) DCCP).
- Appeal and cassation. Three months for an appeal and four weeks in summary proceedings (Article 339(1) and (2) DCCP); three months for cassation and eight weeks in summary proceedings (Article 402(1) and (2) DCCP).
Which Dutch court is competent?
First check whether the Dutch courts have jurisdiction at all. 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 the rules on jurisdiction in treaties and EU regulations (Article 1 DCCP). A choice-of-court clause in the contract can designate the competent court; a choice-of-law clause only determines the applicable law. If the contract contains an arbitration agreement, the court declares that it has no jurisdiction if a party invokes the agreement before putting forward any other defence, unless the agreement is invalid (Article 1022 DCCP). The stages that follow are set out in civil court proceedings in the Netherlands.
Within the Dutch court system:
| Court | Jurisdiction |
|---|---|
| Subdistrict court (kantonrechter) | Part of the district court. Claims of up to €25,000 (unless a disputed legal basis exceeds that amount) and, regardless of the amount, employment, agency, lease, consumer sale and consumer credit cases (Article 93 DCCP). No lawyer required (Article 79(1) DCCP). |
| District court (rechtbank) | All other civil cases at first instance, for example most commercial contract disputes and tort claims above €25,000. A lawyer is required (Article 79(2) DCCP), except that the defendant in summary proceedings can also appear in person (Article 255(1) DCCP). Its preliminary relief judge (voorzieningenrechter) hears urgent cases in summary proceedings (Article 254(1) DCCP). |
| Court of appeal (gerechtshof) | Appeals against first-instance judgments, unless the claim did not exceed €1,750, including interest up to the date of the summons (Article 332(1) DCCP). The period is three months (Article 339(1) DCCP). |
| Supreme Court (Hoge Raad) | Cassation against, among other things, judgments on appeal and judgments given in first and last instance (Article 398 DCCP). It sets aside decisions only for failure to observe certain procedural forms or for violation of the law, other than foreign law (Article 79(1) Judiciary Organisation Act). The period is three months (Article 402(1) DCCP). |
A lawyer can check jurisdiction, the competent court and any forum or arbitration clause before you issue a summons.
Which alternatives to court exist?
Court proceedings are not the only route. Alternatives can save time and costs and help preserve a business relationship, but whether they do depends on the case and on the willingness of the other party.
- Negotiation and settlement. Parties can settle at any time, recorded in a settlement agreement (Article 7:900(1) DCC). During an oral hearing, the court can also try to bring about a settlement (Article 87(2)(c) DCCP).
- Mediation. A neutral mediator helps the parties reach their own solution but does not decide the dispute. Mediation is voluntary.
- Arbitration. Parties can agree to submit existing or future disputes from a particular legal relationship to arbitration (Article 1020(1) DCCP). A state court then declines jurisdiction if a party invokes the agreement in time (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). See arbitration in the Netherlands.
- Binding advice. 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).
How do you find qualified representation?
Outside the subdistrict court, you need a Dutch lawyer (advocaat) to litigate (Article 79(2) DCCP), with the exceptions mentioned above for the defendant in summary proceedings and for arbitration. Dutch lawyers are registered on the roll (tableau) of the Netherlands Bar (Article 1(1) Dutch Lawyers Act). All lawyers registered in the Netherlands together form the Netherlands Bar (Nederlandse orde van advocaten) (Article 17(1) Dutch Lawyers Act). A lawyer 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).
Points to consider when choosing a lawyer:
| Considerations | Explanation |
|---|---|
| Registration and experience | Check that the lawyer is admitted to the Netherlands Bar Association, that is, registered on the roll of the Netherlands Bar Association, and has experience with civil litigation in the relevant area of law. |
| Knowledge of Dutch law | Your lawyer should know Dutch substantive law and civil procedure, including the deadlines and the rules on evidence and costs. |
| Relevant experience | Ask about experience with comparable disputes and with the court or arbitral institution concerned. |
| Communication and costs | Choose a lawyer who is responsive, explains the risks clearly and agrees on a written fee arrangement and budget at the start. |
How long does a Dutch lawsuit take?
The Dutch Code of Civil Procedure sets no overall time limit for a civil case. The court must guard against unreasonable delay of the proceedings and can take measures at the request of a party or of its own motion; the parties must also prevent unreasonable delay (Article 20 DCCP). After the statement of defence, the court orders an oral hearing unless it considers the case unsuitable for one, and decides on this within two weeks (Article 131 DCCP).
How long a case takes in practice depends on its complexity, on whether witnesses or experts must be heard, on the workload of the court and on whether a party appeals. In urgent cases, the preliminary relief judge can grant an immediate provisional measure in summary proceedings (kort geding) (Article 254(1) DCCP). Ask your lawyer for a realistic timetable for your case.
Can you settle a dispute before going to court?
Yes. Parties can negotiate, with or without a mediator, before or during proceedings. In a settlement agreement (vaststellingsovereenkomst), they bind themselves to a determination of what applies between them, intended to apply even if it deviates from the previous legal position (Article 7:900(1) DCC). Record the settlement in writing, so that its terms can be proven, and agree expressly on confidentiality if you need it.
| Advantages of pre-court settlements | Disadvantages of pre-court settlements | Considerations for pre-court settlements |
|---|---|---|
| Can be cost-effective | Usually requires both parties to give up part of their position | Parties must be willing to negotiate and compromise |
| Can save time | Not feasible if the other party is unwilling to settle | Explore your legal position and options first |
| Private; confidential if the parties agree on it | May require expert assistance in negotiations | Evidence supports your settlement proposals |
| Avoids the uncertainties of litigation | May not be suitable for complex or high-stakes cases | Seek legal advice before signing a settlement agreement |
Keep an eye on limitation periods while you negotiate: negotiations as such do not interrupt limitation, but for a claim for performance of an obligation a written demand or a written reservation of your right to performance does (Article 3:317(1) DCC). For other claims, such as a claim for dissolution, a written demand only interrupts limitation if it is followed within six months by an act under Article 3:316 DCC, such as bringing a claim (Article 3:317(2) DCC).
What does a Dutch lawsuit cost?
The main cost items are:
- Court fees. As a rule, both the claimant and a defendant who appears pay court fees (in Dutch: “griffierechten”), unless the law provides otherwise (Article 3(1) and (3) Court Fees in Civil Cases Act). Since 1 January 2026, a party that is not a natural person, such as a company, pays at first instance between €139 and €1,504 before the subdistrict court and between €735 and €10,487 before the district court, depending on the amount of the claim; before the Netherlands Commercial Court (Article 32a DCCP) the fee is €19,518, or €9,759 in summary proceedings (table annexed to the Court Fees in Civil Cases Act). See also Dutch court fees in 2026.
- Lawyer’s fees. Agreed between you and your lawyer, often on an hourly basis. A lawyer is required outside the subdistrict court (Article 79 DCCP), with exceptions such as the defendant in summary proceedings (Article 255(1) DCCP) and arbitration (Article 1038(1) DCCP). Ask for a written fee arrangement and a budget at the start.
- 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, and costs incurred unnecessarily can be left to the party that caused them (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.
- Collection costs. Pre-trial collection costs can be claimed as damages, but not for work covered by the costs of the proceedings (Article 6:96(2)(c) DCC; Article 241 DCCP).
Check whether a legal expenses insurance covers the dispute, and weigh the expected costs against the amount at stake before you start.
What if the defendant does not respond?
A Dutch summons is served by a bailiff (gerechtsdeurwaarder) (Article 45(1) DCCP). For a defendant abroad, longer summons periods apply (Article 115 DCCP). If the defendant does not appear on the docket date, 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). A defect in service can therefore delay the case.
The defendant can file an objection (verzet) against a default judgment, in principle within four weeks after it was served on the defendant in person, or eight weeks if the defendant has a known address abroad but not in the Netherlands (Article 143(2) DCCP). A Dutch judgment can only be enforced after it has been served on the party against whom enforcement is directed (Article 430(3) DCCP). Read more about the enforcement of a judgment in the Netherlands.
Frequently asked questions about civil litigation in the Netherlands
Is the Netherlands a civil law or common law country?
A civil law country. Private law is codified mainly in the Dutch Civil Code, and civil procedure in the Dutch Code of Civil Procedure. Case law, especially of the Supreme Court, is important for interpretation, but a court may not decide the cases before it by way of a general rule (Article 12 General Provisions Act).
What does pre-litigation mean in the Netherlands?
The steps before you start a court case: a written notice of default where required (Article 6:82(1) DCC), interrupting limitation (Article 3:317(1) DCC), gathering evidence, asking the other party for its position, which the summons must mention (Article 111(3) DCCP), and if needed a pre-judgment attachment (Article 700 DCCP). Dutch law has no general pre-action protocol.
Is there a small claims court in the Netherlands?
The subdistrict court (kantonrechter) works as the Dutch small claims court. It hears claims of up to €25,000, unless a disputed legal basis exceeds that amount, and, regardless of the amount, cases on employment, agency, lease, consumer sale and consumer credit agreements (Article 93 DCCP). You can litigate there without a lawyer (Article 79(1) DCCP).
How long does a civil lawsuit in the Netherlands take?
The law sets no overall time limit. The court must guard against unreasonable delay, and the parties must prevent it as well (Article 20 DCCP). The duration depends on the complexity of the case, the evidence, the workload of the court and any appeal. For urgent matters, summary proceedings are available (Article 254(1) DCCP).
Who pays the costs of civil litigation in the Netherlands?
Each party pays its own lawyer and court fee first. The losing party is then ordered to pay the costs of the proceedings (Article 237(1) DCCP), in practice on the basis of fixed rates that usually cover only part of the actual fees. In 2026, a party that is not a natural person, such as a BV or NV, pays a court fee of €735 to €10,487 before the district court, depending on the amount of the claim; higher fees apply before the Netherlands Commercial Court.
Primary sources
- Dutch Code of Civil Procedure (Wetboek van Burgerlijke Rechtsvordering): Articles 1, 2, 20, 21, 22, 45, 56, 79, 80, 87, 93, 111, 114, 115, 125, 131, 139, 143, 149, 150, 152, 194, 196, 202, 203, 204, 237, 241, 254, 255, 261, 332, 339, 398, 402, 430, 700, 1020, 1022 and 1038
- Dutch Civil Code (Burgerlijk Wetboek): Articles 3:307, 3:310, 3:316, 3:317, 3:319, 6:82, 6:96, 6:119a 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)
- General Provisions Act (Wet algemene bepalingen): Article 12; Judiciary Organisation Act (Wet op de rechterlijke organisatie): Article 79; Dutch Lawyers Act (Advocatenwet): Articles 1, 10a and 17
- Dutch judiciary: Organisation of the courts (rechtspraak.nl)
When should you involve 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.
MAAK Advocaten is a law firm in Amsterdam that assists businesses in commercial civil litigation. Contact us if you would like us to assess your case.
