Civil litigation in the Netherlands: courts, steps and costs

Civil litigation in the Netherlands is the procedure by which a court decides a dispute between private parties, such as companies, consumers, landlords, employees and family members. Its shape is set by two early choices: which court hears the case, and which form of proceedings you start.

Which court depends on the subject matter and the amount. The sub-district court (kantonrechter) deals with claims up to €25,000 and, regardless of value, with employment, tenancy, consumer credit and agency disputes (article 93 of the Dutch Code of Civil Procedure, Rv). Before the sub-district court you may act without a lawyer. Everything else goes to the district court (rechtbank), where representation by a lawyer is compulsory. For international commercial disputes, the Netherlands Commercial Court (NCC) conducts proceedings in English, but only where the parties have agreed to it.

The form depends on the remedy you need. Ordinary proceedings, started by a writ of summons (dagvaarding), decide the merits of the case. They usually take months and sometimes more than a year: statement of claim, statement of defence, an oral hearing at which the court explores the case and usually attempts a settlement, and then a judgment. Summary proceedings (kort geding) decide nothing definitively. They produce a provisional and immediately enforceable order within weeks where urgency is shown, which makes them the right route when the aim is to stop something quickly. Certain matters, such as dismissal, family law and corporate inquiry proceedings, are started by petition (verzoekschrift) instead.

Three practical points govern the economics. Court fees (griffierecht) are payable in advance and are set annually. The losing party pays a contribution to the winner’s legal costs on a fixed scale that is well below actual expenditure, except in intellectual property cases, where full reasonable costs can be recovered (article 1019h Rv). And an appeal must be lodged within three months of the judgment, or within four weeks in summary proceedings (article 339 Rv).

What is civil litigation under Dutch law?

Civil litigation is the way a Dutch court resolves a dispute between individuals, businesses or organisations. One party asks the court for a decision against the other, for example an order to pay, to perform a contract, to stop certain conduct or to compensate damage.

Civil litigation differs from criminal proceedings. In a criminal case, the Public Prosecution Service (Openbaar Ministerie) prosecutes a suspect and the court can impose a punishment. In a civil case, the parties themselves decide whether to go to court, what they claim and whether they settle. The court only decides on what the parties put before it.

Which rules govern Dutch civil procedure?

The main rules are in the Dutch Code of Civil Procedure (Wetboek van Burgerlijke Rechtsvordering, Rv). The substantive rules, such as the law of contract and liability, are mostly in the Dutch Civil Code (Burgerlijk Wetboek, BW).

A case starts at first instance before the sub-district court or the district court. An appeal goes to one of the courts of appeal (gerechtshof). After that, an appeal in cassation is possible to the Supreme Court (Hoge Raad), which only reviews points of law and does not re-examine the facts. Read more about pursuing a legal claim in the Netherlands if you are considering whether to start a case.

Three features characterise Dutch civil proceedings:

• A written procedure with an oral hearing: the parties set out their positions in writing first. The court then usually holds one oral hearing (mondelinge behandeling) to ask questions and explore a settlement.

• A duty to state the facts fully and truthfully: under article 21 Rv, parties must put forward all facts relevant to the decision. The evidence reform of 1 January 2025 did not introduce a general duty to gather information before proceedings, but it did broaden the right to request information from the other side (article 194 Rv). In practice, you should have your evidence in order before the case starts.

• Burden of proof: as a rule, the party that relies on the legal consequences of the facts it asserts must prove those facts (article 150 Rv).

There is no general obligation to try mediation before you go to court. Courts do, however, regularly ask parties whether they have considered a settlement or mediation, and the oral hearing is often used to explore one.

Which disputes end up in a civil court?

Almost any dispute between private parties about rights and obligations can be brought before a civil court. Typical examples are:

1. Contract disputes: non-payment, late or defective performance, termination and interpretation of contract terms

2. Property disputes: ownership, real estate transactions and use of property

3. Employment disputes: dismissal, wages, non-compete clauses and termination payments

4. Liability claims: damage caused by an unlawful act (onrechtmatige daad) or by a breach of contract

5. Intellectual property disputes: trademarks, copyright, patents and trade names

For international companies and expats, the first practical question is usually which court is competent and which form of proceedings fits the claim. That choice affects the cost, the duration and whether you need a lawyer. A claim of €20,000 under a commercial contract, for example, goes to the sub-district court, while a claim of €30,000 under the same contract goes to the district court, where a lawyer is compulsory.

The second question is what you want to achieve. If you need money, an ordinary case for payment is often the route, possibly combined with a prejudgment attachment (conservatoir beslag) to secure your claim. If you need to stop something quickly, such as the use of your trademark or the publication of information, summary proceedings are usually more suitable.

Dutch courts expect parties to set out their position clearly and to support it with documents. A well-prepared file at the start of the case saves time and costs later. It also strengthens your position in settlement discussions, which in many cases take place before or during the proceedings.

Which business and personal disputes are civil cases?

Civil litigation covers both commercial disputes between businesses and personal disputes involving individuals. The procedural rules are largely the same; what differs is the subject matter, the competent court and sometimes the form of proceedings.

Which business disputes are litigated?

Companies most often litigate about money and about the performance of contracts. The main categories are:

• Contract disputes: breach of contract, non-performance, termination (ontbinding) and disagreements about the interpretation of contract terms

• Intellectual property disputes: trademark infringement, patent rights and copyright protection, where the full reasonable legal costs may be recovered from the losing party

• Commercial debt recovery: claims for unpaid invoices, statutory interest and extrajudicial collection costs

• Shareholder and partnership disputes: conflicts between business partners and shareholders, for example about decision-making, exit or the value of shares

• Employment disputes: dismissal, termination payments, non-compete clauses and wage claims, which are always heard by the sub-district court

Which personal disputes are litigated?

Individuals go to court when a personal dispute cannot be resolved by agreement. Common examples are:

1. Liability claims: compensation for damage caused by another party’s unlawful act

2. Property disputes: ownership, boundaries, rights of use and defects in a house you bought

3. Family law matters: divorce, parental authority, contact arrangements and maintenance, which are started by petition

4. Consumer disputes: defective products, consumer credit and services that were not delivered as agreed

5. Defamation and personal rights: claims about damage to reputation or privacy

Each type of case has its own points of attention. In a tenancy or employment case, for example, you always go to the sub-district court and you may act without a lawyer. In a divorce, a lawyer files the petition with the district court. In a dispute about the purchase of a house, the amount of the claim usually determines which court is competent.

The type of case also determines how long proceedings take and what they cost. A straightforward claim for payment that the other party does not defend can lead to a default judgment (verstekvonnis) within weeks. A defended commercial case with witnesses or an expert can take considerably longer.

How does a civil case proceed, step by step?

A Dutch civil case usually goes through a pre-litigation phase, the written phase, an oral hearing and a judgment. Below, we explain what happens at each stage of ordinary proceedings started by a writ of summons.

What should you do before going to court?

Before you start proceedings, you should send the other party a clear demand and, where possible, try to settle the dispute. Courts expect parties to have tried to resolve the matter first. Learn more about how Dutch legal proceedings work in detail before you decide to litigate.

The pre-litigation phase usually includes the following steps:

• Legal assessment: a Dutch lawyer assesses the merits of your case, the risks and the likely costs

• Gathering evidence: collecting contracts, emails, invoices, photographs and statements, because the court expects your position to be documented from the start

• Negotiations or mediation: attempting to resolve the dispute by agreement

• Letter of demand: formally setting out your claim and giving the other party a deadline to comply

• Choosing the competent court: determining which court has jurisdiction and which form of proceedings fits the claim

If you need evidence before the case starts, you can ask the court for a preliminary measure, such as a preliminary witness hearing, a preliminary expert report or an inspection (article 196 Rv). You can also ask the court to order the other party to provide specific information (article 194 Rv and following), provided you have a sufficient interest. Unlike in some common law systems, there is no broad pre-trial discovery in Dutch civil procedure.

What happens once proceedings have started?

Once the pre-litigation phase has ended without a solution, ordinary proceedings follow a fixed sequence of stages:

1. Starting the case

• Drafting a writ of summons that sets out the claim, the facts and the evidence

• Having the writ served on the defendant by a bailiff (gerechtsdeurwaarder)

• Paying the court fee

2. The defence and the court’s first assessment

• The defendant submits a statement of defence and may file a counterclaim

• The court reviews the written submissions

• If the defendant does not appear, the court can give a default judgment

3. Evidence

• Both parties submit the documents on which they rely

• Witnesses can be heard, either at a separate hearing or, with the court’s permission, at the oral hearing (article 166 Rv)

• The court can appoint an independent expert

• The court can order a party to prove a specific fact

4. Oral hearing and judgment

• The court holds an oral hearing, asks questions and explores a settlement

• The court assesses all submitted evidence

• The court gives a written judgment, including a decision on the legal costs

Dutch civil proceedings rely heavily on documents. Each stage requires careful preparation, because new facts and evidence cannot always be introduced later in the case.

How long a case takes varies. A simple undefended claim can be decided within weeks, while a defended case with witnesses or an expert can take a year or longer. Factors that influence the duration include the complexity of the case, the amount of evidence, the workload of the court and any appeal.

Throughout the proceedings, courts encourage the parties to find a solution together. The judge may suggest mediation or explore a settlement at the oral hearing. If the parties reach an agreement, the case ends with a settlement, which can be recorded in an official record that can be enforced like a judgment.

After the judgment, the winning party can enforce it, for example by having a bailiff attach bank accounts or assets. The losing party can appeal within three months. In that case, the court of appeal reviews the dispute again, both on the facts and on the law.

What should international clients keep in mind?

International clients mainly need to consider the language of the proceedings, the competent court, the applicable law and the enforcement of a judgment abroad. These points can affect both the cost and the outcome of a case.

In which language are proceedings conducted?

Proceedings before the ordinary Dutch courts are conducted in Dutch. Only the Netherlands Commercial Court hears cases in English, and only if the parties have agreed to it.

Practical points on language and communication include:

• Procedural documents in Dutch: the writ of summons, the statement of defence and other procedural documents must be in Dutch before the ordinary courts

• Exhibits in other languages: courts often accept exhibits in English, German or French without a translation, but this is up to the court; documents in other languages generally require a translation

• Precise terminology: Dutch legal terms have specific meanings, and a literal translation can be misleading

• Certified translations: for some documents, such as foreign judgments or civil status records, a certified translation or legalisation may be required

Which jurisdictional and procedural points matter?

In a cross-border dispute, you must first establish whether a Dutch court has jurisdiction and which law applies to the dispute. These are two separate questions: a Dutch court can apply foreign law, and a foreign court can apply Dutch law.

Within the European Union, jurisdiction in civil and commercial matters is mainly governed by the Brussels I-bis Regulation (Regulation (EU) No 1215/2012). A judgment from another EU member state is enforceable in the Netherlands without a separate exequatur procedure (articles 36 and 39 of that regulation), and the same applies to a Dutch judgment in other member states. Outside the EU, enforcement depends on treaties and on the national law of the country concerned.

The key points to consider are:

1. Applicable law and jurisdiction

• Checking the choice of law and choice of forum clauses in your contract

• Understanding the differences between Dutch civil law and common law systems

• Assessing where a judgment will need to be enforced

2. Evidence

• Dutch courts rely mainly on documents, so a complete and well-organised file is essential

• Witness statements play a role, but usually after the written phase

• Foreign documents may need a translation, certification or legalisation

3. Costs

• Court fees, which depend on the type of party and the value of the claim

• The risk of an order to pay the other party’s legal costs on the fixed scale if you lose

• Your own legal costs, which are only partly recoverable, except in intellectual property cases

Dutch civil procedure is efficient and practical. International clients benefit from adjusting their expectations: there is no jury, no broad discovery and no punitive element in damages. Compensation is in principle limited to the actual loss.

Financial considerations go beyond the immediate legal costs. Before you start a case, assess whether the other party can actually pay, whether a judgment can be enforced where its assets are located and whether a prejudgment attachment is useful to secure your claim.

What should you check as a claimant?

As the party starting the case, you choose the court and the form of proceedings, and you carry the burden of proof under article 150 Rv. Check these points first:

• Does the claim go to the sub-district court (up to €25,000 or an employment, tenancy, consumer credit or agency case) or to the district court?
• Do you need a final decision in ordinary proceedings, or a provisional order in summary proceedings?
• Have you sent a letter of demand with a deadline, and is any limitation period about to expire?
• Can the other party pay, and is prejudgment attachment needed to secure the claim?
• Does the contract contain a choice of court, a choice of law or an arbitration clause?

What should you check as a defendant?

The writ of summons states the date on which you must appear; if you do not, the court can give a default judgment. Check these points straight away:

• On which date must you appear, and do you need a lawyer before this court?
• Is the Dutch court competent, or does the contract point to another court or to arbitration?
• Do you have a counterclaim that you should file with the statement of defence?
• Which documents support your defence, given that you must state the facts fully and truthfully under article 21 Rv?

What can we do for you in civil litigation?

Our litigation lawyers act for claimants and defendants before the Dutch courts.

• We assess which court is competent and which form of proceedings fits your claim.
• We draft and send the letter of demand and, where needed, the writ of summons.
• We request leave for prejudgment attachment or start summary proceedings when speed matters.
• We draft the statement of defence and any counterclaim within the court’s deadline.
• We lodge an appeal within the three-month deadline, or four weeks in summary proceedings.

Summary

• Claims up to €25,000 and employment, tenancy, consumer credit and agency disputes go to the sub-district court, where you may act without a lawyer; other cases go to the district court, where a lawyer is compulsory.

• Ordinary proceedings decide the merits and usually take months; summary proceedings give a provisional order within weeks if the matter is urgent.

• Parties must state the relevant facts fully and truthfully (article 21 Rv), so collect your evidence before the case starts.

• The losing party pays a fixed contribution to the other side’s legal costs; in intellectual property cases, full reasonable costs can be recovered.

• An appeal must be lodged within three months, or within four weeks in summary proceedings.

Frequently asked questions