A procedural costs order (proceskostenveroordeling) is the decision by which a Dutch civil court orders the losing party to pay the costs of the other party. The rule is in article 237 of the Dutch Code of Civil Procedure (Rv). The costs include court fees, bailiff costs and a fixed fee for the lawyer’s work.
Table of contents
Who pays the costs of civil proceedings?
As a rule, the party that loses. Under article 237 Rv the court orders that party to pay the costs of the other side. If both parties lose on some points, the court can set off the costs, so each party bears its own.
What costs are included?
The order covers the court fee (griffierecht), the costs of the writ of summons and other bailiff costs, witness and expert costs, and a lawyer’s fee. That fee is calculated with the court cost rates (liquidatietarief), a fixed points system. It rarely matches what the winning party actually paid its lawyer.
When does the court depart from the main rule?
Article 237 Rv allows the court to set off costs between spouses, registered partners, cohabitants and close relatives. Costs that were incurred unnecessarily or caused by a party’s own conduct stay with that party. Full reimbursement of actual costs only applies in exceptional situations, such as intellectual property cases (article 1019h Rv) or a clear abuse of procedure.
Frequently asked questions
Are costs decided again on appeal?
Yes. The court of appeal decides on the costs at both instances, and the higher appeal rates apply to the appeal itself.
Can I claim follow-up costs?
Yes. The winning party can also claim fixed post-judgment costs (nakosten), for example to have the judgment served.
Related terms
- Court cost rates (liquidatietarief)
- Writ of summons proceedings
- Appeal in civil cases
- Costs order in administrative proceedings
Our civil law team weighs the cost risk with you before you litigate. Want to know what this means for your situation? Book a free introductory meeting.
