Dutch litigation law: how do court proceedings work?

Dutch litigation law sends a civil case to one of two first-instance courts: the subdistrict court (kantonrechter) for claims up to €25,000 and for all employment, rental and consumer cases, where you may act without a lawyer, and the district court (rechtbank) for everything else, where a lawyer is compulsory. The procedure is mainly written, usually with one oral hearing, and appeal must be lodged within three months, or four weeks after summary proceedings (kort geding).

This article explains how a civil court case in the Netherlands works: which court, the steps of the procedure, evidence, costs, appeal and the alternatives to going to court.

Which rules govern Dutch civil litigation?

Civil procedure is laid down in the Dutch Code of Civil Procedure (Wetboek van Burgerlijke Rechtsvordering, Rv); the substantive rights come mainly from the Dutch Civil Code (Burgerlijk Wetboek, BW). The Netherlands has a civil law system: statutes are the main source, and case law of the Supreme Court (Hoge Raad) explains them.

The court system has three levels: eleven district courts, four courts of appeal (gerechtshof) and the Supreme Court in The Hague. The subdistrict court is a section of the district court.

Which court handles your case?

Under Article 93 Rv the subdistrict court hears claims up to €25,000, and all employment, rental, consumer credit and consumer purchase cases regardless of value. Other claims go to the civil section of the district court.

The difference matters. Before the subdistrict court you can act yourself or be assisted by anyone. Before the district court, the court of appeal and the Supreme Court a lawyer (advocaat) is required. Disputes between shareholders and the board can also go to the Enterprise Chamber of the Amsterdam Court of Appeal, explained in our article on the Enterprise Chamber.

For international commercial disputes, the Netherlands Commercial Court (NCC) in Amsterdam hears cases in English if both parties agree. In cross-border cases, the EU rules on jurisdiction (Brussels I bis Regulation) decide which country’s court is competent.

How does a Dutch court case start?

Most cases start with a writ of summons (dagvaarding), served on the defendant by a bailiff (gerechtsdeurwaarder). Some cases, such as employment dismissal requests and family cases, start with a petition (verzoekschrift) filed with the court.

The summons sets out the claim, the grounds and the evidence, and states the first court date. Before you issue a summons, you normally send a letter of demand (sommatie) giving the other party a reasonable period to pay or perform. If the defendant does not appear, the court can give a default judgment (verstek), but it still checks whether the claim is not unlawful or unfounded.

What are the steps of the procedure?

After the summons, the defendant files a written defence (conclusie van antwoord), usually within six weeks, extendable on request. The court then normally holds an oral hearing (mondelinge behandeling).

At the hearing the judge asks questions, explores whether a settlement is possible and discusses how the case will proceed. If no settlement is reached, the court gives judgment, often within six weeks after the hearing, or first gives an interim judgment ordering evidence.

In complex cases a second written round (reply and rejoinder) follows. Each court publishes its own case-management rules (rolreglement) with the deadlines that apply.

How does evidence work in Dutch litigation?

The main rule is that the party who relies on a fact must prove it if the other party disputes it. There is no US-style discovery: you build your own file of documents.

The court can order a party to prove a fact by witnesses or an expert. You can ask the court for access to specific documents held by the other party if you have a legitimate interest, and you can ask for a provisional examination of witnesses (voorlopig getuigenverhoor) before a case starts. Documents in a foreign language may need a translation into Dutch.

What does a court case cost?

You pay a court fee (griffierecht) when the case starts; the amount depends on the court, the value of the claim and whether you are an individual or a company. The current amounts are published on rechtspraak.nl.

The losing party is usually ordered to pay the winner’s legal costs, but only according to a fixed scale (liquidatietarief), not the actual lawyer’s fees. In practice you therefore bear most of your own lawyer’s costs, even when you win.

When do you need summary proceedings?

Summary proceedings (kort geding) are for urgent cases, for example to stop a breach of a non-compete clause or to obtain payment of an undisputed debt. The preliminary relief judge (voorzieningenrechter) decides within weeks.

The judgment is provisional: a party can still start proceedings on the merits. Appeal against a summary judgment must be lodged within four weeks.

How do you appeal a judgment?

Under Article 339 Rv you appeal to the court of appeal within three months of the judgment, or four weeks in summary proceedings. Appeal is only possible if the claim exceeds €1,750.

The court of appeal reviews the case in full, both facts and law. After the appeal, cassation to the Supreme Court is possible on points of law and procedure only. A judgment is often provisionally enforceable (uitvoerbaar bij voorraad), so an appeal does not automatically stop the other party from enforcing it.

What should you check as a claimant?

• Whether your claim is supported by documents: contract, invoices, emails, delivery notes.
• Whether you sent a clear letter of demand with a reasonable deadline.
• Which court is competent and whether the claim is above or below €25,000.
• Whether the claim may be time-barred; many contract claims expire after five years (Article 3:307 BW).
• Whether the defendant can actually pay, so that a judgment is worth enforcing.

What should you check as a defendant?

• The first court date on the summons: you must appear by that date, or risk a default judgment.
• Whether you need a lawyer, which is compulsory before the district court.
• Whether you have a counterclaim (eis in reconventie) to file with your defence.
• Which documents and witnesses support your version of events.
• Whether a settlement is better than the cost and time of the procedure.

Are mediation or arbitration better than going to court?

Mediation and arbitration are alternatives when both parties agree to them. Mediation is voluntary and confidential; a neutral mediator helps the parties reach their own agreement, and the judge can refer parties to mediation during a case.

In arbitration, one or more arbitrators give a binding decision instead of the court. The Netherlands Arbitration Institute (NAI) administers many commercial arbitrations. Arbitration only applies if the parties agreed to it, usually in a contract clause, and it is confidential and often faster than appeal through the courts.

For groups of claimants with similar claims, a collective action under the WAMCA may be an option; see class actions in the Netherlands.

What can we do for you with Dutch litigation?

Our civil procedural lawyers act for companies and individuals before all Dutch courts, in English and Dutch.

• We assess your position and the chances and costs of proceedings before you start.
• We draft and send the letter of demand and the writ of summons.
• We draft your defence and any counterclaim before the court deadline.
• We represent you at the oral hearing and in settlement talks.
• We start summary proceedings when your case cannot wait.
• We lodge an appeal within the three-month period, or four weeks in summary proceedings.

Summary

• The subdistrict court hears claims up to €25,000 and all employment, rental and consumer cases; there you need no lawyer.
• Above €25,000 the district court is competent and a lawyer is compulsory.
• The procedure is mainly written, with one oral hearing where the judge explores a settlement.
• Appeal within three months, or four weeks after summary proceedings; only for claims above €1,750.
• The losing party pays the winner’s costs only on a fixed scale.

Frequently asked questions