Substantive proceedings in the Netherlands

A substantive procedure in the Netherlands is a civil procedure that is initiated to definitively settle a dispute between parties. Substantive proceedings, also known as proceedings on the merits or “bodemprocedure” in Dutch, are a type of civil legal procedure in the Netherlands used to settle disputes where one party contests a claim on arguable grounds. These proceedings in the Netherlands are typically conducted before the civil-law sector of a Dutch court and are used for cases requiring a declaratory decision.

Key takeaways regarding substantive proceedings under Dutch law

The course of a substantive procedure can be summarized as follows:

Writ of summons starting civil proceedings in the Netherlands: The proceedings on the merits begin with the plaintiff serving a writ of summons on the defendant. The writ of summons sets out the claimant’s claim and summons the defendant to appear before the judge. The writ of summons contains the grounds for the claim, the claim itself and the evidence the claimant intends to present.

Appearance of parties before a Dutch court of law: Before the case is heard on the merits, the judge may order an appearance of the parties. This is a hearing in which both parties can explain their positions. During this hearing, the judge may try to reach a settlement to settle the case without further proceedings. If a settlement is not possible, the case will continue.

Conclusions: If no settlement is reached, the written phase follows in which both parties further elaborate their positions. The plaintiff submits a statement of reply in which he responds to the defendant’s defense. The defendant then submits a rejoinder in which he responds to the plaintiff’s reply. This phase can include several rounds of written exchanges, depending on the complexity of the case.

Final judgment in Dutch civil proceedings: After the presentation of evidence or the expert investigation, the oral hearing follows, in which both parties can once again explain their positions. Ultimately, the judge issues a final verdict in which he makes a definitive decision about the dispute. This verdict contains the motivation for the decision and any convictions.

Appeal in Dutch civil proceedings: An appeal against the final verdict can be lodged with the court of appeal. This must be done within three months of the verdict being pronounced. On appeal, the case is reassessed, and new facts and arguments can be introduced.

In addition, it is possible that a sub-proceeding is started during the main proceedings to settle a specific part of the dispute. This can contribute to a faster and more efficient handling of the case, because part of the dispute is resolved in advance.

How Are Dutch Substantive Proceedings Conducted in the Civil-Law Sector of a Dutch Court?

Legal proceedings in the Netherlands can be complex, and understanding the procedural framework is essential for both legal professionals and individuals involved in disputes. Substantive proceedings, handled by the civil-law sector of Dutch courts, differ significantly from summary proceedings (kort geding) or cases adjudicated by the subdistrict court. In this guide, we break down the key steps, legal nuances, and best practices to navigate Dutch litigation and civil procedure in the Netherlands effectively.

When Should You Initiate Substantive Proceedings in the Netherlands?

Substantive proceedings are required when seeking a declaratory judgment. This includes, for example, disputes related to contract law in the Netherlands, tort law, property law, and intellectual property litigation. However, certain matters—such as employment law disputes, commercial agency agreements, tenancy agreements, and debt collection cases ( when filing claims not exceeding €25,000)—fall under the jurisdiction of the subdistrict court, irrespective of the claim’s value.

Step-by-Step Guide to Initiating Proceedings in the Netherlands

1. Issuing a Summons in the Netherlands

A claimant must be represented by an attorney in the Netherlands to file substantive proceedings. The legal process begins with issuing a summons, a legal document drafted by the claimant’s lawyer and served by a bailiff (deurwaarder). This summons details the dispute and the claimant’s demands—whether seeking performance, prohibition, or damages.

2. Cause List Hearing in a Netherlands Court

The summons includes a cause list date, marking the deadline for both parties to submit their initial written statements. Unlike in many other jurisdictions, Dutch civil litigation does not require physical court appearances at this stage. Instead, the defendant must respond in writing.

3. Consequences of Non-Appearance: Default Judgment

If the defendant fails to respond on time or does not appoint legal representation, the court may grant a default judgment in favor of the claimant—unless the claim appears manifestly unfounded. The defendant may challenge this ruling by lodging an appeal within four weeks of service.

4. Court Fees and Payment Deadlines in the Netherlands

Both parties must pay a court fee, which varies depending on the financial stakes and their legal status (e.g., individuals vs. corporations). Non-payment within the prescribed four-week period may lead to dismissal of the case for the claimant or a default ruling against the defendant.

5. Statement of Defence and Counterclaims under Dutch law

Once the defendant has responded, they may submit a statement of defence, typically within six weeks. If the defendant files a counterclaim, the court will simultaneously adjudicate both the original claim and the counterclaim, effectively handling two legal disputes in parallel. This is a common practice in contract law and tort law proceedings.

6. Interim Judgments and Procedural Directives

Courts may issue interim judgments to outline procedural steps, request additional evidence, or even rule on specific aspects of the case before a final decision is made. These rulings help structure complex cases efficiently, particularly in matters involving property disputes or intellectual property litigation in the Netherlands.

7. Oral Hearing in a Netherlands Court

Although written pleadings dominate Dutch litigation, courts often summon parties for an oral hearing. This session allows attorneys to present arguments, judges to ask clarifying questions, and parties to explore potential settlements before a formal ruling.

8. Exchange of Further Written Statements

If necessary, the court may permit additional written submissions, typically in the form of a reply (by the plaintiff) and rejoinder (by the defendant). Each party is usually granted six weeks for this phase, though shorter deadlines may apply after an interim ruling.

9. Evidence Law and Witness Examination in the Netherlands

To substantiate claims, parties may present witnesses or request expert appraisals. Witnesses summoned per statutory requirements must testify under oath, while expert opinions can be obtained either independently or upon court request (ex officio). The burden of proof in the Netherlands typically lies with the claimant.

10. Final Judgment: When Does the Court Rule?

After concluding all procedural steps, the court sets a timeframe—usually six weeks—for issuing a final judgment. However, courts frequently defer rulings due to case complexity, requiring patience from the involved parties. The judgment may include legal remedies in the Netherlands, such as damages, specific performance, or injunctions.

What Happens After Judgment? Appeal Process in the Netherlands

If dissatisfied with the ruling, parties may lodge an appeal within three months. However, claims valued below €1,750 are excluded from appeal, making first-instance judgments in such cases final. The judicial review process in the Netherlands allows higher courts to reassess legal and procedural aspects of a case.

Dutch litigation lawyers

Understanding the procedural intricacies of court proceedings in the Netherlands is crucial for anyone involved in litigation. Whether you’re an entrepreneur facing a contractual dispute or a legal professional guiding clients, being well-versed in procedural law in the Netherlands ensures you make informed legal decisions. If you’re considering legal action, consult with a specialized litigation attorney in the Netherlands to strategize effectively.

Need Legal Assistance?

If you require legal representation or advice on initiating proceedings in the Netherlands, contact a reputable Dutch law firm specializing in civil procedure in the Netherlands. Early consultation with a Dutch litigation lawyer can have a significant impact on the outcome of your case.

Please feel free to contact our litigation team at MAAK Advocaten. Committed to excellence, our Dutch lawyers provide superior legal services tailored to your distinct needs. You can reach our law firm in the Netherlands through our website, by email, or phone.

Our approachable and skilled staff at MAAK Attorneys will be delighted to assist you, arranging a meeting with one of our specialized attorneys in the Netherlands. Whether you need a Dutch litigation attorney or a Dutch contract lawyer in Amsterdam, we are eager to guide you through the legal intricacies and secure the most favorable results for your situation.

Contact details

Remko Roosjen | attorney-at-law (‘advocaat’)
+31 (0)20 – 210 31 38
remko.roosjen@maakadvocaten.nl

The information on this legal blog serves purely for educational purposes and should not be taken as specific legal guidance. While we endeavor to maintain accurate and current information, we do not assert its absolute completeness or relevance to your particular situation. For advice tailored to your legal concerns, we urge you to engage with a licensed attorney. Please note that the blog’s content may change without notice, and we are not liable for any inaccuracies or missing information.