You can claim damages in the Netherlands if another party caused you loss through a breach of contract (Article 6:74 of the Dutch Civil Code) or through an unlawful act (Article 6:162 of the Dutch Civil Code). The most important exception: a contract claim usually requires that the other party is first in default, which normally means sending a written notice of default (ingebrekestelling) under Article 6:82 — and every damages claim is subject to a limitation period.
Which of the two routes applies is the first question, because they impose different requirements. Where the loss arises from a contract, a failure in performance obliges the debtor to compensate your loss unless the failure cannot be attributed to them. For most obligations the debtor must first be in default. That normally requires a written notice setting a reasonable period for performance. Leaving out that step defeats many claims that are otherwise sound.
Where the loss arises outside a contract, the basis is an unlawful act (onrechtmatige daad) attributable to the person who committed it. That requires an infringement of a right, an act or omission contrary to a statutory duty, or conduct contrary to what is proper in society. Article 6:163 adds that the rule breached must be intended to protect against the loss you suffered.
Both routes then require the same elements: loss, attribution, and a causal connection under Article 6:98 that is close enough for the loss to be reasonably imputed to the other party. Recoverable loss covers the loss you suffered, lost profit and certain reasonable costs, such as the costs of establishing loss and liability (Article 6:96). Non-financial loss is recoverable only in the cases listed in Article 6:106. Contributory fault reduces the award under Article 6:101. On a late payment of money, statutory interest (wettelijke rente) runs for the period the debtor is in default (Article 6:119).
Time limits decide many claims before the merits are ever discussed. Under Article 3:310 a claim for damages is time-barred five years after the day on which you became aware of both the loss and the person liable, and in any event twenty years after the event that caused the loss. A short written letter can interrupt that period.
Below we explain which route applies, what you must prove, which documents establish it, and how to protect your claim against the limitation period.
Table of Contents
Contract or unlawful act: what is the difference?
| Point | Explanation |
| Legal basis | Breach of contract: Article 6:74 of the Dutch Civil Code. Unlawful act: Article 6:162 of the Dutch Civil Code. |
| Default | For a contract claim, the debtor usually must first be in default, often after a written notice of default (Article 6:82). For an unlawful act, default arises without notice if the damages are not paid immediately (Article 6:83 under b). |
| What you can recover | Compensation only: the loss you suffered, lost profit and certain reasonable costs (Article 6:96). Non-financial loss only in the cases of Article 6:106. Dutch law does not award damages meant to punish the other party. |
| Limitation period | Five years from the day after you knew of both the loss and the liable person; at the latest twenty years after the event (Article 3:310). |
| Burden of proof | The party relying on facts must prove them (Article 150 of the Dutch Code of Civil Procedure). In practice, that means you prove loss, liability and the causal link. |
What does Dutch law say about damages claims?
Dutch law gives you a right to compensation when another party is liable for your loss. The rules on what you can recover are the same for contract claims and unlawful acts; they are in Articles 6:95 to 6:110 of the Dutch Civil Code.
The system is built on one principle. Compensation should put you, as far as money can, in the position you would have been in without the event that caused the loss. It is not meant to enrich you and not meant to punish the other party.
What loss can you recover under Dutch civil law?
Under Dutch civil law you recover financial loss, and non-financial loss only in specific cases. Article 6:96 of the Dutch Civil Code defines financial loss (vermogensschade) as the loss you actually suffered and the profit you missed.
Article 6:96 also counts certain reasonable costs as loss: costs to prevent or limit loss, costs to establish loss and liability, and costs to obtain payment out of court. Non-financial loss (immaterieel nadeel) can only be claimed in the cases listed in Article 6:106. Examples are when the liable person intended to cause that harm, or when you were physically injured, harmed in your honour or reputation, or otherwise affected in your person. Dutch law does not award damages meant to punish.
To succeed, you must show actual loss, a sufficient causal connection between the event and that loss, and evidence of the amount. Article 6:98 sets the test for causation: the loss must be connected to the event in such a way that it can reasonably be attributed to the liable party, taking into account the nature of the liability and of the loss. For a broader picture of how such cases are handled, see our page on legal support with damages claims.
The court assesses the amount in the way that best fits the nature of the loss. If the exact amount cannot be established, the court estimates it (Article 6:97). That helps where future loss or lost profit is uncertain, but you still have to give the court a reasonable basis for its estimate. If your own conduct contributed to the loss, the court divides the loss in proportion to each party’s contribution, unless fairness requires a different split (Article 6:101).
Which requirements and time limits apply?
You must establish liability, loss and causation, and you must act within the limitation period. For damages claims that period is five years from the day after you became aware of both the loss and the liable person, with an outer limit of twenty years after the event (Article 3:310).
Some claims have shorter periods. For example, special rules apply to claims arising from consumer purchases and to some transport claims. Check the period that applies to your specific claim as soon as possible.
The limitation period can be interrupted (stuiting). Under Article 3:317 of the Dutch Civil Code, the limitation of a claim for performance of an obligation is interrupted by a written warning or by a written notice in which you unequivocally reserve your right to performance. After an interruption, a new limitation period starts on the following day (Article 3:319).
To support the claim, you will usually need:
Financial records showing the amount of your loss
Expert reports where the loss or its cause is technical
A chronology that links the event to the loss
The contract and correspondence that show the legal basis of the claim
Most damages claims are settled before they reach a judge. A clear claim letter, backed by documents, often opens negotiations. Mediation is an option if both parties agree to it; Dutch law does not make it a general requirement before going to court.
What changes if you are an international claimant?
If your claim has a cross-border element, two questions come before the merits: which court has jurisdiction, and which law applies. Within the EU, jurisdiction in civil and commercial matters is mainly governed by the Brussels I-bis Regulation (Regulation (EU) No 1215/2012).
The applicable law for contract claims and for non-contractual claims follows from EU rules as well (the Rome I and Rome II Regulations), unless a valid choice of law was made. A Dutch court can therefore apply foreign law, and a foreign court can apply Dutch law. Check the contract for a choice-of-court clause and a choice-of-law clause before you take any step.
Under the Brussels I-bis Regulation, a Dutch judgment can be enforced in another EU Member State without a separate exequatur procedure. Outside the EU, recognition and enforcement depend on the rules of the country where you want to enforce. That can affect where it is best to sue.
In practice, we look at these questions first: where the other party has assets, which court is competent, and which law the court will apply.
How do you make a claim, step by step?
You make a claim in three steps: you prepare your file, you hold the other party liable in writing, and, if that does not lead to payment, you start proceedings. Each step has its own requirements, and a mistake early on can weaken the claim later.
How do you prepare the claim?
Start by collecting everything that shows what happened, what it cost you and why the other party is responsible. Put the facts in date order and keep all originals.
Read our guide to the fundamentals of filing a legal claim before you take the next step. Your file should show:
The amount of your loss, with a calculation you can explain line by line
The causal link between the other party’s conduct and your loss
The chronology of what happened and when
Independent support, such as an expert report, where the loss or its cause is disputed or technical
At this stage, you also decide on the legal basis. In a contract claim, check whether the other party is already in default or whether you first need to send a notice of default. Check the limitation period and, if needed, interrupt it in writing. A lawyer can assess whether the claim is strong enough to pursue and which evidence is still missing.
How do you submit the claim and start proceedings?
You first hold the other party liable in a letter that sets out the facts, the legal basis and the amount, with a deadline for payment. If they do not pay or reject liability, you can start court proceedings, or arbitration if the contract provides for it.
A claim letter or summons usually contains:
A statement of the facts and the nature of the loss
The calculation of the loss with supporting documents
The identity of the party you hold liable
The legal basis of the claim
Which court hears the case depends on the amount. Claims of up to €25,000 (including interest accrued up to the date of the summons) go to the subdistrict court (kantonrechter), as set out in Article 93 of the Dutch Code of Civil Procedure. Larger claims go to the civil section of the district court, where you must be represented by a lawyer.
If the exact amount is still unclear, a court can also first decide on liability and refer the calculation of the loss to a separate procedure (schadestaatprocedure). Talks about a settlement remain possible at every stage.
Which defences should you expect?
The other party will often dispute liability, the causal link or the amount. Expect three arguments in particular: the claim is time-barred, you contributed to the loss yourself, and the loss is not a sufficiently direct consequence of the event.
For international claimants, further points come up:
Jurisdiction: whether the Dutch court is competent
Translation of documents in a foreign language
Applicable law: whether Dutch or foreign law governs the claim
Dutch procedural rules, such as deadlines and the form of the summons
Contracts between businesses often contain clauses that limit or exclude liability, for example in general terms and conditions. Whether such a clause can be relied on depends on the contract and the circumstances. Check this before you calculate what is realistically recoverable.
A well-prepared claim anticipates these arguments. Address them in your claim letter, so the other party sees from the start that you have the facts and the law on your side.
Which documents and evidence do you need?
You need documents that prove three things: what happened, what it cost you, and why the other party is responsible. The party relying on facts must prove them (Article 150 of the Dutch Code of Civil Procedure), so in most cases the burden of proof is on you.
The court can assign the burden of proof differently if a specific rule or fairness requires it. That is an exception; prepare your claim on the basis that you will have to prove it.
Which types of documentary evidence count?
Useful evidence is anything that shows the loss and its cause: financial records, the contract, correspondence and expert reports. See our guide on preparing legal documentation for practical tips.
Typical documentary evidence includes:
Financial records such as profit and loss statements, bank statements and invoices that show the amount of your loss
The contract, including any general terms and conditions, showing what was agreed and what was not delivered
Correspondence such as emails, letters and messages about the dispute
Expert reports that independently assess the cause or the amount of the loss
Each document must relate to the loss you claim. A large file is not stronger than a small one; a file in which every item supports a specific part of the claim is.
Do foreign documents need translation or legalisation?
Documents in a language other than Dutch may need a translation, and the court can order one. Foreign public documents sometimes need an apostille or legalisation to show that they are authentic.
Steps that may apply:
Translation of documents that are not in Dutch
An apostille or legalisation for foreign public documents
Certified copies of original documents
Sworn translations where a certified translation is required
Which of these steps you need depends on the type of document and the country it comes from. Courts often accept documents in English, but this is not a right. Plan translations early, because they take time and cost money.
How do you build your file of evidence?
Build your file so that it tells the story of the loss in a logical order. Anyone reading it, including the judge, should be able to follow how the event led to the loss and how you calculated the amount.
Points to consider:
Chronological order of all documents
Cross-references between the calculation and the supporting documents
A clear calculation of the direct financial consequences
A substantiated estimate of future loss, if you claim it
An illustrative example: a supplier delivers machine parts late, and your production stops for two weeks. Your file then contains the contract with the delivery date, your notice of default, the delivery note with the actual date, production records for the period, and a calculation of lost margin and extra costs. Each item supports one link in the chain from breach to loss.
Do not throw anything away, even if it seems unimportant now. Keep originals and save emails and messages in a format that shows the date and sender.
Which mistakes should you avoid?
Most damages claims fail on procedure or evidence, not on the law. The most common problems are a missed limitation period, a missing notice of default and a calculation that cannot be supported.
Which errors most often cost a claim?
The errors that most often weaken or end a claim are avoidable. Check them at the start, not when the other party raises them.
Common errors:
A missed limitation period, so the claim is time-barred
No notice of default in a contract claim, so the other party was never in default
Insufficient evidence of the causal link or the amount
Waiting too long for advice, so evidence is lost or deadlines pass
Before you take formal steps, it helps to understand how disputes are resolved and which route suits your claim, from negotiation to court proceedings.
The limitation period deserves extra attention. A damages claim is time-barred five years after the day following the day you knew of both the loss and the liable person, and in any event twenty years after the event (Article 3:310). Once the period has run and the other party relies on it, the claim can no longer be enforced. A timely written letter that interrupts the period prevents this.
How do you prepare strategically?
Prepare as if the case will go to court, even if you hope to settle. A claim that is ready for court puts you in a stronger position in negotiations.
Practical steps:
A timeline of all relevant events
An independent expert where the cause or the amount is technical
Translations of key documents in good time
Early legal advice before you send a formal claim
As an international claimant, check early which court is competent, which law applies and whether you need a lawyer. Dutch rules on evidence, translation and legal representation may differ from what you know from your own country.
What about complex or cross-border claims?
In complex claims, the order of the steps matters. Secure your evidence, interrupt the limitation period and determine jurisdiction and applicable law before you discuss the amount.
Points to consider:
Securing evidence before formal proceedings begin
Cross-border rules on jurisdiction, applicable law and enforcement
Future loss, supported by a calculation the court can follow
A settlement strategy, including what you would accept and when
Where assets of the other party may disappear, you can ask the court for permission to attach them before the case is decided (conservatoir beslag). That can protect the result of your claim. It also has costs and risks, so weigh it carefully.
In summary
- A damages claim rests on breach of contract (Article 6:74) or an unlawful act (Article 6:162 of the Dutch Civil Code).
- In a contract claim, the other party usually must first be in default, often after a written notice of default (Article 6:82).
- You recover financial loss and certain reasonable costs (Article 6:96); non-financial loss only in the cases of Article 6:106. Dutch law does not award damages meant to punish.
- The limitation period is five years from knowledge of the loss and the liable person, at the latest twenty years after the event (Article 3:310). A written letter can interrupt it (Article 3:317).
- You carry the burden of proof, so build a file that links every part of the claimed amount to a document.
Frequently asked questions
What are the basic principles of claiming damages in the Netherlands?
Dutch law compensates loss; it does not punish. You must prove loss, a basis for liability (breach of contract under Article 6:74 or an unlawful act under Article 6:162 of the Dutch Civil Code) and a sufficient causal link (Article 6:98). You recover financial loss and certain reasonable costs, and non-financial loss only in the cases of Article 6:106.
How long do I have to file a damages claim in the Netherlands?
Under Article 3:310 of the Dutch Civil Code, a claim for damages is time-barred five years after the day following the day you became aware of both the loss and the liable person, and in any event twenty years after the event. Some claims have shorter periods. You can interrupt the period with a written letter.
What documentation is required to support a damages claim?
You need documents that show what happened, what it cost you and why the other party is responsible: the contract, correspondence, financial records and, where needed, an expert report. Each document should support a specific part of the claim.
How can international claimants navigate the Dutch legal system?
First check which court is competent and which law applies. Within the EU, the Brussels I-bis Regulation governs jurisdiction and the Rome I and Rome II Regulations govern the applicable law, unless the parties made a valid choice. Plan translations of documents early.
Unsure where you stand? Tell us about your situation. We will let you know your options within one working day.
