Title 1

Without prejudice to the provisions concerning jurisdiction in treaties and EU regulations and without prejudice to Article 13a of the Act on General…

In cases which must be initiated by writ of summons, the Dutch court has jurisdiction if the defendant has his domicile or habitual residence in the…

In matters which must be initiated by petition (verzoekschrift), with the exception of matters as referred to in Articles 4 and 5, the Dutch court…

If Council Regulation (EU) 2019/1111 of 25 June 2019 on jurisdiction, the recognition and enforcement of decisions in matrimonial matters and the…

Without prejudice to Article 1, the Dutch court has no jurisdiction in matters concerning parental responsibility if the child does not have his…

The Dutch court also has jurisdiction in matters concerning:

For the application of Article 6, subparagraph a, unless otherwise agreed, the place of performance is situated in the Netherlands:

If, in cases which must be initiated by a writ of summons, the Dutch court has jurisdiction with respect to one of the defendants, it shall also have…

The Dutch court has jurisdiction if the parties, in respect of a particular legal relationship which is at their free disposal, have by agreement…

If the Dutch court does not have jurisdiction on the basis of Articles 2 to 8 inclusive, it shall nevertheless have jurisdiction if:

The Dutch court has jurisdiction in the case referred to in Article 767, as well as if this follows from other statutory provisions designating a…

The defense that the Dutch court lacks jurisdiction shall, in cases which must be initiated by a writ of summons, be raised before all substantive…

If a case has been brought before a court of a foreign state and a decision may be rendered therein which is susceptible of recognition and, where…

The jurisdiction of the Dutch court to grant conservatory or provisional measures cannot be contested on the sole ground that it lacks jurisdiction…

For the application of the rules concerning the jurisdiction of the Dutch court, the Dutch part of the continental shelf shall be equated with the…

At the court, cases shall, subject to exceptions provided for by law, be heard and decided by a single-judge chamber.

At the court of appeal (gerechtshof), cases shall, subject to exceptions provided for by law, be heard and decided by a multi-judge chamber…

At the Supreme Court (Hoge Raad), cases shall, subject to exceptions provided by law, be heard and decided by five members of the multi-judge chamber.

The chamber before which a case is pending may, with the consent of the board of the court, refer it to another chamber of equal number. No remedy…

The court shall grant the parties an opportunity to present and elaborate on their respective positions and to express their views on each other's…

The court shall guard against unreasonable delay of the proceedings and shall, if necessary, take measures at the request of a party or of its own…

The parties are obliged to state the facts relevant to the decision fully and truthfully. If this obligation is not complied with, the court may draw…

The court may, in all cases and at any stage of the proceedings, order the parties or one of them to clarify certain assertions or to submit certain…

The court may, if there is a fear that the inspection of documents by a party would harm their physical or mental health, determine that such…

The court may disregard data and documents provided by the parties if, at its request, they fail to indicate which assertion the data or documents…

The court shall decide on all matters claimed or petitioned by the parties.

The court shall examine and decide the case on the basis of that which the parties have laid as the foundation for their claim, petition or defense…

The court shall supplement the legal grounds of its own motion.

The court may not refuse to decide.

The hearing shall be public. The court may, however, order that the proceedings be conducted, in whole or in part, behind closed doors or only with…

The parties are prohibited from making disclosures to third parties regarding:

The judgment shall be pronounced in public.

The court may, if all parties have appeared at the oral hearing, give an oral judgment during or after the oral hearing at the session.

The clerks and other custodians of public registers shall, without a court order, upon payment of the applicable court fee, provide a copy or an…

Judgments, orders and decrees shall state the grounds on which they are based, unless the law provides otherwise.

The court shall at all times, at the request of a party or of its own motion, correct in its judgment, decree or order an obvious clerical error…

The court shall at all times, upon the petition of a party, supplement its judgment, decree or order if it has failed to decide on a part of what was…

If the Amsterdam District Court or the Amsterdam Court of Appeal has jurisdiction to hear a dispute that has arisen or will arise in connection with…

Petitions and notifications may also be made electronically, if this possibility for the court concerned appears from the rules of procedure…

When a procedure is continued before another court following a referral or the application of a legal remedy, the petitioner is obliged to submit to…

Further rules may be laid down by administrative order (algemene maatregel van bestuur) regarding the time limits to be set by the court for the…

At the request of a party, any of the judges hearing a case may be challenged on the basis of facts or circumstances which could prejudice judicial…

The petition shall be filed as soon as the facts or circumstances have become known to the petitioner.

A judge whose recusal has been requested may acquiesce in the recusal.

The petition for challenge (wraking) shall be heard as soon as possible at a hearing by a multi-judge chamber in which the judge whose challenge has…

On the basis of facts or circumstances as referred to in Article 36, each of the judges hearing a case may petition to be allowed to recuse…

The petition to be permitted to recuse oneself shall be heard as soon as possible by a multi-judge panel in which the judge who has filed that…

The Public Prosecution Service is authorised to inspect all documents relating to a case and to be present at every hearing.

When the Public Prosecution Service acts as a party, the initiation and the hearing of the case shall take place in accordance with the ordinary…

When the public prosecution service does not act as a party, it shall be heard if it has expressed a wish to that effect, whether or not at the…

The Authority for Consumers and Markets or the European Commission may, not acting as a party, submit written observations pursuant to Article 15…

The European Commission may, not acting as a party, submit written observations pursuant to Article 39, paragraph 3, of Regulation (EU) 2022/1925 of…

Writs shall be served by a bailiff authorized for that purpose in the manner prescribed in this Section.

The bailiff shall leave a copy of the writ with the person for whom it is intended in person or at the place of residence with a member of the…

If the bailiff is unable to leave a copy with any of the persons referred to in Article 46, paragraph 1, he shall leave a copy at the place of…

With respect to the King, the heir presumptive to the King, their spouses and the Regent, as well as with respect to the State, service shall be…

With respect to a legal person as referred to in Article 1 of Book 2 of the Civil Code, with the exception of the State, service shall be effected at…

With respect to other legal persons, service shall be effected at their office or on the person or at the place of residence of one of the directors…

With regard to general partnerships (vennootschappen onder firma) and limited partnerships (commanditaire vennootschappen), service shall be effected…

With respect to bankruptcy trustees (curatoren) in a bankruptcy (faillissement), administrators (bewindvoerders) in a suspension of payments…

In the case of a service of process (betekening) upon the joint heirs of a deceased person, the statement of their names and places of residence may…

With regard to those who have no known place of residence in the Netherlands, service shall be effected at the place of their actual residence.

With regard to those who have no known domicile or known actual residence in the Netherlands, but whose domicile or actual residence outside the…

Insofar as necessary in deviation from the provisions elsewhere in this Section, service of process in respect of those who have no known place of…

With respect to a person who shares a residence with the person at whose petition the writ is served, service shall be effected upon him in person.

With respect to the owner and with respect to the members or the bookkeeper of a shipping company of a vessel which is registered in the public…

With regard to the persons on board a ship who have no known place of residence in the Netherlands and who are found neither on board that ship nor…

With respect to the owner of an aircraft registered in the public registers referred to in Section 2 of Title 1 of Book 3 of the Civil Code, service…

With regard to those residing in a built immovable property or a part thereof, if the writ concerns a claim for the eviction thereof by persons other…

With regard to those who use general terms and conditions containing clauses which are alleged to be unreasonably onerous, if, pursuant to Article…

A writ by which an opposition is lodged, or by which an appeal is instituted, or by which a notice of appearance in cassation is served, may also be…

No writ may be served between eight o'clock in the evening and seven o'clock in the morning.

A writ or act of legal procedure may only be declared null and void if such writ or act suffers from a defect for which nullity is expressly…

Non-compliance with the provisions prescribed in this section shall only result in nullity insofar as it is plausible that the person for whom the…

If the court wishes to obtain information in accordance with Article 3 of the European Convention on Information on Foreign Law, concluded in London…

The clerk of the court shall send a copy of the response to the request for information or of the advice to the parties. Thereupon the judge shall…

If a procedure has been initiated by means of a petition (application) instead of a writ of summons, or by means of a writ of summons instead of a…

Insofar as the court declares the claimant or petitioner inadmissible in their claim or petition because an objection could have been lodged, an…

If a case, being heard by the sub-district court (kantonrechter), must be further heard and decided by a chamber for cases other than sub-district…

If a case does not fall within the absolute jurisdiction of the court, the court shall, if necessary of its own motion, declare that it lacks…

If the court declares itself to be without jurisdiction and another ordinary court does have jurisdiction, it shall refer the case to that court…

If the referral concerns a case that must be initiated by writ of summons, each party has the right to summon the other parties by formal…

Against a judgment or order whereby the court declares itself to lack jurisdiction and refers the case to a lower court, an appeal in cassation may…

If the court on appeal sets aside a judgment or order of a lower court, whereby the latter had declared itself incompetent due to a lack of…

In all proceedings in which the King acts as plaintiff or petitioner, the case shall be initiated and continued in the name of and by an authorised…