What Limitation Periods Apply Under Dutch Law?

Published on 15 October 2025 · Last updated 28 October 2026

Most commercial claims under Dutch law become time-barred after five years: claims for payment and performance, claims for damages and claims for rescission. The general period is twenty years, and some claims expire much sooner, such as two years after a complaint about defective goods. Check your claims now and get advice before a period runs out.

This overview is for foreign companies with customers, suppliers or partners in the Netherlands that want to know how long they can still collect an invoice, claim damages or rely on a defect. You will find the main periods in one table, when each period starts, how to interrupt it (stuiting) and which law applies in a cross-border contract. Our general guide to the limitation period under Dutch law explains the system in more depth.

What limitation periods apply under Dutch law?

Dutch law has a general period of twenty years and a set of shorter periods, mostly five years, for the claims businesses deal with every day. The legal basis is Title 3.11 of the Dutch Civil Code, starting with Article 3:306.

Claim	Period	Starts	Legal basis
Any claim without a specific rule	20 years	Day after the claim arises	Art. 3:306 DCC
Performance of a contract to give or do (for example payment of an invoice, delivery)	5 years	Day after the claim became due	Art. 3:307 DCC
Interest, rent and other payments due yearly or more often	5 years	Day after each payment became due	Art. 3:308 DCC
Repayment of an undue payment	5 years; at the latest 20 years	Day after the creditor knew of the claim and the recipient	Art. 3:309 DCC
Damages or a contractual penalty	5 years; at the latest 20 years	Day after the injured party knew of the damage and the liable person	Art. 3:310 DCC
Rescission for breach or repair of a breach	5 years; at the latest 20 years	Day after the creditor knew of the breach	Art. 3:311 DCC
Non-conforming goods sold (buyer’s claims and defences)	2 years	After the buyer notified the seller	Art. 7:23(2) DCC
Defects in construction work	2 years; at the latest 20 years after delivery of a building (10 years for other work)	After the principal protested	Art. 7:761 DCC
Product liability against the producer	3 years; right lapses 10 years after the product was put into circulation	Day after the injured party knew or should have known of the damage, the defect and the producer	Art. 6:191 DCC
Enforcing a court judgment or arbitral award	20 years (5 years for periodic payments)	Day after the judgment or award	Art. 3:324 DCC

Claims for interest and other ancillary claims expire no later than the main claim they belong to, unless the period was interrupted or extended (Article 3:312 DCC). An unpaid invoice that fell due in 2021 is therefore time-barred in the course of 2026, interest included, unless you interrupted the period.

When does a limitation period start running?

For a claim for performance, the five-year period starts on the day after the claim became due, for example after the invoice’s payment date (Article 3:307(1) DCC and Article 3:313). For damages, rescission and undue payment, the period starts only when the creditor actually knew the relevant facts.

For damages, the Dutch Supreme Court requires actual knowledge of both the damage and the liable person. A suspicion is not enough, and what the injured party “should have known” is not the test: the period starts when the injured party is actually able to bring a claim (Hoge Raad 22 April 2022, ECLI:NL:HR:2022:627, para. 3.2). The long-stop of twenty years runs from the event that caused the damage, whatever anyone knew. Read more on our page about the limitation period for claims for damages.

How do you interrupt a limitation period under Dutch law?

You interrupt (stuiten) the period by a written demand, a written notice in which you unequivocally reserve your right to performance, an acknowledgement by the debtor, or by starting proceedings (Articles 3:316 to 3:318 DCC). After interruption, a new period starts the next day (Article 3:319(1) DCC).

Act	Effect	Legal basis
Written demand or written reservation of your right to performance	Interrupts a claim for performance, including payment of damages	Art. 3:317(1) DCC
Written demand for other claims (for example rescission)	Interrupts only if followed within six months by proceedings or another act of legal pursuit	Art. 3:317(2) DCC
Acknowledgement by the debtor	Interrupts against the debtor who acknowledges, for example by a payment plan or part payment	Art. 3:318 DCC
Summons, application or other act of legal pursuit, including arbitration	Interrupts; if the claim is not allowed, only if a new claim is brought within six months and succeeds	Art. 3:316 DCC

The new period is as long as the original one, but never longer than five years, and it never ends earlier than the original period would have (Article 3:319(2) DCC). A written notice only works once it has reached the debtor (Article 3:37(3) DCC), so send it in a way you can prove, for example by registered post and e-mail, or by bailiff’s writ. Our page on how to prevent a claim from becoming time-barred contains sample wording.

Which short deadlines do foreign buyers and sellers often miss?

The two-year period for defective goods is the trap in many supply disputes. It is preceded by a duty to notify the seller within a reasonable time after you discovered the defect or should have discovered it (Article 7:23(1) DCC). Without timely notice, you lose your rights.

After that notice, claims and defences based on the defect expire two years later (Article 7:23(2)). The buyer can still set off a price reduction or damages against a claim for payment of the price. In construction contracts a similar rule applies: claims for defects in completed work expire two years after the principal protested (Article 7:761(1) DCC).

If the UN Sales Convention (CISG) governs the contract, the buyer must examine the goods and notify the seller of the defect within a reasonable time. In any event, the buyer loses its rights if it does not notify the seller within two years after the goods were actually handed over, unless a contractual guarantee period says otherwise (Article 39 CISG). The seller cannot rely on these rules for defects it knew of, or could not have been unaware of, and did not disclose (Article 40 CISG).

Do you have open invoices, a defect claim or a damages claim against a Dutch party? Have a Dutch litigation attorney check the limitation dates and send an interruption letter before the deadline.

Can a limitation period be extended?

Yes. If a period would end while a ground for extension exists, or within six months after it ended, the period continues until six months after that ground disappeared (Article 3:320 DCC).

For businesses, an important ground is a debtor who deliberately conceals the debt or the fact that it is due. The grounds are listed in Article 3:321 DCC. Besides deliberate concealment, they include the relationship between a legal entity and its directors. For defects in construction work, a contractor that announces it will investigate or repair the defect extends the period in the same way (Article 7:761(3) DCC).

Does a Dutch court apply limitation on its own initiative?

No. The court may not apply limitation on its own motion; the debtor must invoke it (Article 3:322(1) DCC). If the debtor does not raise the defence, the court will decide the claim on the merits, even if it is old.

A debtor can also waive limitation, but only after the period has expired (Article 3:322(2) and (3) DCC). A clause in which a debtor waives limitation in advance therefore has no effect. In practice, debtors who pay part of an old invoice often acknowledge the claim and thereby restart the period (Article 3:318).

Which law decides on limitation in an international contract?

Limitation follows the law that governs the contract. Within the EU, the Rome I Regulation provides that the law applicable to a contract governs prescription and limitation of actions (Article 12(1)(d) Rome I Regulation). A choice of Dutch law brings Dutch limitation periods.

Check the governing law clause and the general terms that apply before you calculate a deadline. If the CISG applies, it covers the notice rules of Article 39 but leaves the limitation of the claim itself to the governing national law. When in doubt, interrupt under both laws that could apply.

Does arbitration interrupt the limitation period?

Yes. Starting arbitration is an act of legal pursuit that interrupts limitation (Article 3:316(1) DCC). Under a Dutch arbitration clause, a case is pending on the day the other party receives the written notice that you are starting arbitration, unless the parties agreed otherwise (Article 1025 DCCP).

Under the NAI Arbitration Rules 2024, the case is pending on the day the NAI receives the request for arbitration (Article 8). The law also protects a claimant that chose the wrong forum. If an arbitral tribunal declares that a valid arbitration agreement is missing, or a court declares itself without jurisdiction because of an arbitration agreement, the claim still interrupted limitation once that decision is final (Article 3:316(4) DCC). A new period then starts, of at most five years (Article 3:319(3)). Read more about arbitration in the Netherlands.

What should a foreign creditor do now?

Make a list of every open claim against a Dutch party, calculate the end date of each period, and interrupt in writing well before the earliest date. Keep proof that the letter reached the debtor.

List each claim with its type, due date or date of knowledge, and the governing law.
Calculate the period using the table above; for defects, check whether you notified the seller in time.
Send a written demand or reservation of rights by registered post and e-mail, addressed to the debtor’s registered office.
Record the new end date: the day after delivery of your letter plus the original period, with a maximum of five years.
If the debtor disputes the claim, start proceedings or arbitration before the new period ends; for unpaid invoices, see our page on debt collection in the Netherlands.

Practical example: a German supplier with unpaid invoices

Suppose a German supplier delivered machine parts to a Dutch distributor under Dutch law. Three invoices fell due on 1 March 2022 and were never paid. The distributor complained about quality only in 2026.

The supplier’s payment claims expire five years after the day following 1 March 2022, so in March 2027 (Article 3:307). A registered demand in 2026 interrupts the period and starts a new five-year period. The distributor’s quality complaint comes years after delivery: unless it can prove it notified the defects in time, it has lost its rights under Article 7:23(1) DCC, and it cannot set off a price reduction it never preserved.

When should you involve a Dutch lawyer?

When a claim is older than three years, when a debtor disputes that your letter arrived, when several periods may apply to one claim, or when the governing law is unclear.

MAAK Advocaten in Amsterdam helps foreign and Dutch businesses calculate limitation dates, draft interruption letters and bring claims before the Dutch courts and arbitral tribunals. We also defend parties against old claims by raising limitation in time. Contact our litigation team for a check of your file.

Frequently asked questions about limitation periods under Dutch law

What is the statute of limitations in the Netherlands for unpaid invoices?

Five years from the day after the invoice became due (Article 3:307 Dutch Civil Code). Interest expires no later than the main claim (Article 3:312). A written demand interrupts the period and starts a new one.

How long do I have to claim damages under Dutch law?

Five years from the day after you actually knew both the damage and the liable person, and in any case twenty years after the event that caused the damage (Article 3:310 Dutch Civil Code).

Does an e-mail interrupt the limitation period in the Netherlands?

A written notice can interrupt, but it must reach the debtor (Article 3:37(3) Dutch Civil Code). Because you must prove receipt, send the letter by registered post as well, or have a bailiff serve it.

What is the deadline for complaining about defective goods under Dutch law?

You must notify the seller within a reasonable time after you discovered or should have discovered the defect (Article 7:23(1)). Claims based on the defect then expire two years after that notice. Under the CISG, notice must be given within two years after handover (Article 39).