Civil Lawyer
in the Netherlands

Your customer does not pay, a supplier breaks the contract, or another party holds you liable for damage. These are civil law disputes: conflicts between private persons and companies. A civil lawyer in the Netherlands helps you from the first letter to judgment. On this page you read which rules of the Dutch Civil Code apply, which deadlines run and how we assist you.

When do you need a civil lawyer in the Netherlands?

You need a civil lawyer when a business or private dispute can no longer be solved between the parties. In most matters it concerns money, a contract that is not performed, or damage.

Clients, both companies and private persons, come to our law firm in matters such as these:

• unpaid invoices: a customer does not pay, even after reminders;
• breach of contract: a supplier delivers late, too little or something other than agreed;
• defects after a purchase: a car, machine or software is not what you could expect;
• damage caused by another party without a contract, such as a faulty product or a false publication;
• disputes about general terms and conditions, or about which court has jurisdiction;
• you have received a writ of summons and must respond within a fixed period;
• a foreign company wants to enforce a claim against a Dutch party, or the other way round.

What is civil law in the Netherlands?

Civil law governs the legal relations between private persons and companies. Most rules are in the Dutch Civil Code (Burgerlijk Wetboek); the procedure is in the Dutch Code of Civil Procedure.

In criminal law the state prosecutes a suspect, and in administrative law the issue is a government decision. In civil law two private parties stand opposite each other, such as a buyer and a seller. The Civil Code is divided into books. Book 3 contains general property law, including limitation periods. Book 6 covers obligations: contracts, breach and tort. Book 7 covers specific contracts, such as sale, lease and construction.

Civil law also includes family law, employment law and real estate law. These practice areas have their own pages at our law firm. This page focuses on contracts, liability, debt collection and civil procedure. Besides the Civil Code, EU regulations and sector regulations often play a role in commercial matters.

When is there a breach of contract?

A breach of contract (wanprestatie) means a party does not perform its obligations, or performs late or badly. Under Article 6:74 Dutch Civil Code, that party must compensate the resulting damage, unless the failure cannot be attributed to it.

A contract is formed by offer and acceptance. A signature is not required, so an oral agreement is binding too, although it is harder to prove. Under Article 6:248, the contract also includes what follows from the law, custom and the standards of reasonableness and fairness.

Why send a notice of default first?

In most cases you must first give the other party notice of default (ingebrekestelling). This is a written demand giving a reasonable period to perform after all (Article 6:82 Dutch Civil Code).

If the other party still does not perform, it is in default, and you can usually claim damages from that moment. Notice is not needed when a strict contractual deadline has passed (Article 6:83). The same applies when the other party states in writing that it will not perform. Many matters are lost on this point, so let a civil lawyer in the Netherlands draft these letters.

What are your options after a breach?

• Performance: you demand that the other party still does what was agreed, if needed with a penalty payment per day of non-compliance.
• Termination: under Article 6:265 Dutch Civil Code you can terminate the contract, by written statement (Article 6:267). A minor breach does not always justify termination.
• Damages: you claim the loss suffered and the profit lost (Article 6:96). You can combine this with performance or termination.

Termination differs from annulment. With annulment, something was already wrong when the contract was made, such as mistake or fraud. Read more in our article on contract law in the Netherlands.

When do general terms and conditions apply?

General terms and conditions only bind the other party if they were accepted and the user gave a reasonable opportunity to read them. Under Article 6:233 Dutch Civil Code, a clause can be annulled if it is unreasonably onerous or if the terms were not properly provided.

For consumers, the law contains a black list and a grey list of clauses that are void or presumed unreasonable (Articles 6:236 and 6:237). Between businesses, a battle of forms often arises when both parties refer to their own terms. Under Article 6:225(3), the first reference in principle prevails, unless the second party explicitly rejects those terms. A civil lawyer in the Netherlands companies use for drafting checks that your terms are actually incorporated.

When is someone liable without a contract?

Without a contract, a party can be liable in tort. Article 6:162 Dutch Civil Code provides that whoever commits an unlawful act that can be attributed to him must compensate the damage caused.

An act is unlawful if it infringes a right, breaches a statutory duty or conflicts with unwritten standards of proper social conduct. A civil lawyer in the Netherlands assesses whether each element can be proven. There must also be damage and a causal link. Examples are reputational damage from an incorrect publication or damage caused by a defective product. The text of Book 6 is on wetten.overheid.nl (in Dutch).

When is your claim time-barred?

A claim for performance of a contract is in principle time-barred five years after it became payable (Article 3:307 Dutch Civil Code). A claim for damages is time-barred five years after you learned of the damage and the liable person (Article 3:310). In any case, it lapses twenty years after the event.

You can interrupt the limitation period with a written demand that clearly reserves your right to performance (Article 3:317). A new period then starts to run, usually again five years. Consumer buyers must also complain within a reasonable time after discovering a defect; two months is in any case on time (Article 7:23).

How do you collect an unpaid invoice?

Debt collection runs in two phases: first out of court, then if necessary through the court. You send reminders and a final demand stating a payment term and the next steps.

You are entitled to statutory interest on the outstanding amount (Article 6:119 Dutch Civil Code). Between businesses, the higher statutory commercial interest applies (Article 6:119a). You can also claim extrajudicial collection costs. For a claim up to 2,500 euros these are 15 percent, with a minimum of 40 euros, and the percentage decreases above that amount.

If the debtor is a consumer, you must first send a fourteen-day letter. It gives the consumer 14 days to pay without costs and states the collection costs that will otherwise follow (Article 6:96(6)). Without a correct letter, the court refuses those costs. A civil lawyer in the Netherlands can run the entire collection process, from first demand to enforcement.

How do you secure assets with an attachment?

A prejudgment attachment (conservatoir beslag) freezes assets of the other party before the court has ruled on your claim. You need leave from the preliminary relief judge (Article 700 Dutch Code of Civil Procedure). You can attach bank accounts, real estate, vehicles or shares. The judge sets a term to start the main proceedings, at least 14 days after the attachment; if you miss it, the attachment lapses. With a judgment, a bailiff can levy an executory attachment and sell the assets if necessary.

How does a Dutch civil lawyer litigate in the Netherlands?

Civil proceedings usually start with a writ of summons, which a bailiff serves on the other party. Which court has jurisdiction depends on the type of case and the amount of the claim.

After the summons, the defendant files a statement of defence. An oral hearing usually follows, where the court also explores a settlement. If you receive a summons, appear on time. If you do not, the court can give a default judgment. You can usually file an objection within four weeks (Article 143 Dutch Code of Civil Procedure). Practical information is on rechtspraak.nl.

When do you choose summary proceedings?

Summary proceedings (kort geding) are fast proceedings for matters that cannot wait for a full trial. You must show an urgent interest (Article 254 Dutch Code of Civil Procedure). A hearing often follows within days or weeks. The decision is provisional: in later main proceedings the court can rule differently.

Can you appeal or go to cassation?

You can appeal a judgment of the subdistrict or district court to the court of appeal within three months of the judgment (Article 339). No appeal is possible for claims of 1,750 euros or less (Article 332). Against a judgment of the court of appeal, cassation to the Supreme Court is possible within three months (Article 402). The Supreme Court only reviews the application of the law, not the facts. See our page on appeal lawyers.

When is arbitration or another route better?

Parties can agree that an arbitral tribunal rather than a court decides their dispute. Arbitration is governed by Book 4 of the Dutch Code of Civil Procedure and is common in construction, trade and international contracts.

Arbitration is confidential and allows you to choose arbitrators with expertise in your sector. The Netherlands Arbitration Institute (NAI) is a well-known institution; construction disputes often go to the Netherlands Arbitration Board for the Construction Industry. Within the EU, the Brussels I bis Regulation (EU) No 1215/2012 determines which national court has jurisdiction and makes judgments enforceable in other member states. Many disputes also end in a settlement agreement (vaststellingsovereenkomst, Article 7:900), a binding contract that resolves the dispute.

What does civil litigation cost?

Besides your lawyer's fees, you pay a court fee (griffierecht) and bailiff's costs. Court fees depend on the court, the amount of the claim and whether you are a private person or a company. The amounts are adjusted every year.

If you win, the court usually orders the other party to pay the costs of the proceedings. That award follows a fixed scale and usually covers only part of your actual legal fees. If you lose, you pay your own costs plus that fixed part of the other party's costs. A civil lawyer in the Netherlands clients instruct gives you a realistic estimate of this risk before you litigate.

How does working with Law & More work?

As your civil lawyer in the Netherlands, we work in four phases. In each phase we discuss which step suits your interests, and which costs and risks come with it.

1. Intake. In a free introductory meeting we map your situation and check which deadlines run. Examples are a limitation period or a term to respond to a summons.
2. Advice. We review your documents and give clear advice on your position, chances, risks and expected costs.
3. Negotiation. We draft the notice of default, final demand or liability letter, and negotiate with the other party. Where possible we work towards a settlement.
4. Proceedings. If negotiations fail, we litigate: an attachment, summary proceedings, main proceedings, arbitration or an appeal.

What does a civil lawyer in the Netherlands cost at Law & More?

A lawyer at Law & More charges 250 to 350 euros per hour excluding VAT. A partner charges 300 to 400 euros excluding VAT. We discuss the rate in advance, with an estimate of the total costs.

The introductory meeting is free of charge. A one-off advice meeting without further assistance costs 300 euros including VAT. Court fees and bailiff's costs come on top in proceedings. People with a low income can get legal aid through the Legal Aid Board (Raad voor Rechtsbijstand). Law & More does not work on that basis. Our law firm is based at Marconilaan 13 in Eindhoven and has a visiting location in Amsterdam. We work for clients throughout the Netherlands, in Dutch and English.

Which related services can we help you with?

For specific questions within this area of law, these pages go into more detail.

• Debt collection in the Netherlands
• International debt collection
• Civil proceedings
• Claims for damages
• Contract lawyer
• Mediation

Which articles help you further?

• Steps in a civil case
• Tort law
• Dissolving a contract under Dutch law
• Debt collection in the Netherlands
• Lifting a conservatory attachment
• Cassation in the Netherlands
• Why and when to choose arbitration
• How Dutch courts calculate legal fees

Frequently asked questions

Civil lawyer in the Netherlands: do I need one for my case?

Before the subdistrict court you may litigate yourself, for claims up to and including 25,000 euros and for employment, lease and consumer cases. Before the district court, the court of appeal and the Supreme Court, a lawyer is mandatory. Even at the subdistrict court, a lawyer helps you build your case and keep track of deadlines.

How long do I have to bring a claim?

A claim for performance of a contract is in principle time-barred after five years (Article 3:307 Dutch Civil Code). A claim for damages is time-barred five years after you knew of the damage and the liable person. The absolute limit is twenty years. You can interrupt the period with a written demand.

Must I give notice of default first?

In most cases, yes. With a notice of default you give the other party a reasonable period in writing to perform after all (Article 6:82 Dutch Civil Code). Notice is not needed if a strict deadline has passed or the other party refuses in writing to perform.

Will I get my legal costs back if I win?

Usually only in part. The court orders the losing party to pay costs according to a fixed scale, which is normally lower than the actual costs. Extrajudicial collection costs can be claimed separately.

How long do I have to appeal?

The appeal period in a civil case is three months from the date of the judgment. No appeal is possible for claims of 1,750 euros or less. Have the deadline checked right after the judgment.

Can I solve a dispute without going to court?

Yes. Many disputes end in a settlement, recorded in a settlement agreement. Parties can also choose mediation, or agree on arbitration, in which arbitrators instead of a court give a binding decision.

In doubt about your position? Tell us about your situation. We will let you know within one working day what your options are. Contact us, call +31 40 369 06 80 or e-mail info@lawandmore.nl.

This page provides general information and does not replace advice on your specific situation.