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Rules on fees for the legal professions

With the exception of fees payable to those offering subsidised legal aid, fees in the Netherlands are not regulated.

Fixed costs

Fixed costs for litigants in civil proceedings

Under the Court Fees ( Civil Cases) Act (Wet griffierechten in burgerlijke zaken), parties in civil cases are required to pay court fees. Court fees are fees that must be paid to the court registry (the court’s administrative office) when your proceedings begin.

Fixed costs for litigants in criminal proceedings

There are no fixed costs for litigants in criminal proceedings under Dutch criminal law. There are no court fees in criminal cases.

Fixed costs for litigants in constitutional proceedings

Under the Dutch legal system, there are no legal provisions to hear constitutional proceedings before the court.

Stage of the civil proceeding where fixed costs for litigants must be paid

In civil cases, every claimant and defendant must pay fixed costs. The claimant shall be liable for the court fee as soon as it is known that a case will be brought to court. The defendant is liable to pay the registry fee after he has entered an appearance before the court.

Stage of the criminal proceeding where fixed costs for litigants must be paid

There are no court fees in criminal cases.

Prior information to be provided by legal representatives

Rights and obligations of the parties

Dutch law says nothing on this subject. However, the rights and obligations can be derived from the 2018 Rules of Conduct. For more information, visit the website of the Dutch Bar Association. See, in particular, the rules relating to the relationship between the lawyer and the client. See also the Code of Conduct for European Lawyers. That code of conduct states that the lawyer must at all times endeavour to find a solution to the client’s dispute, adapted to the importance of the case. It should also, at the appropriate time, expressly advise the client on the desirability of reaching a settlement or having recourse to alternative solutions to resolve the dispute. If clients are eligible to receive legal assistance free of charge or at a reduced rate, lawyers must tell them so.

Costs incurred by the winning party

In civil cases, the winning party can incur the following costs:

legal assistance (e.g. lawyers’ fees);
remuneration or compensation of witnesses or experts,
travel and accommodation expenses; and
other legal and non-legal expenses.

Costs to be borne by the unsuccessful party

The losing party incurs the same costs as the winning party, but may also be ordered by the judge to bear the costs incurred by the winning party.

Costs – legal basis

Where can I find information on costs in the Netherlands?

You can find information on procedural costs on the website of the Judiciary. On this page of the Judiciary, you can find more information on the costs of a court case. The website of the Legal Help Desks ( Het Juridisch Loket) also features information on the cost of court proceedings.

In what languages can I obtain information on costs in the Netherlands?

This information is only available in Dutch.

Where can I find information on arbitration/mediation?

You can find information about mediation on the Dutch judiciary website and the website of the Legal Help Desks. Information is also available on the websites of the Dutch Mediators’ Federation ( Mediatorsfederatie Nederland) and the Legal Aid Board ( Raad voor Rechtsbijstand).

Where can I find additional information on costs?

Websites with information on costs

You can find the Court Fees (Civil Cases) Act and other Dutch legislation on the Dutch Government’s website, among other places.

Where can I find information on the average length of time different procedures take?

The annual report of the Council for the Judiciary includes figures on the length of time taken to complete proceedings. The report is available online on the Dutch judiciary website.

Value-added Tax

How is this information provided?

Where information on costs is published, figures given are exclusive of VAT (where applicable).

What fees are applicable?

The general VAT rate applied to goods and services is 21 %.

Legal aid

Applicable income threshold in the area of civil justice

If you cannot afford to pay all the costs of a lawyer or mediator yourself, you may, under certain circumstances, be eligible for subsidised legal assistance – that is, legal aid.

Legal aid is only granted to persons whose annual income does not exceed EUR 27,300 (for single persons) or EUR 38,600 (for married or cohabiting persons or single-parent families with a minor child). Legal aid will not be granted to anyone who has assets in excess of the threshold for tax-exempt capital. See Article 12 and Article 34 of the Legal Aid Act (Wrb).

Income limit for defendants in criminal cases

Legal aid is free of charge where a legal representative is assigned by the court (Article 43 of the Legal Aid Act). In other cases, the Legal Aid Board may assign counsel to persons eligible to receive representation under the Criminal Code (Wetboek van Strafrecht) or the Code of Criminal Procedure (Wetboek van Strafvordering) (see Article 44 of the Legal Aid Act). Under Article 35 of the Legal Aid Act, anyone who is assigned legal aid must pay a contribution in proportion to their income.

Income limit for victims in criminal cases

Article 44 of the Wrb provides that legal aid to a victim of a crime against morals or a violent crime is free of charge, irrespective of the victim’s ability to pay. It is also noted that in the case in question the victim must have been prosecuted and the victim is eligible for an allowance in accordance with Article 3 of the Law on Damage Crimes.

No obligation

Defendants do not have to be represented by a lawyer in cases that are to be heard by a sub-district court or a tenancy tribunal. However, legal representation is mandatory in all other civil cases, such as cases that are to be heard by a district court (rechtbank) or court of appeal (gerechtshof).

When does the losing party have to pay the winning party’s costs?

The decision on which party has to bear the cost of proceedings is taken by the court. Costs are calculated on a flat-rate basis (i.e. not on the basis of costs actually incurred).

Experts’ fees

Experts’ fees vary. You can find the correct amounts in the Decree of 16 August 2003 setting fees as referred to in Articles 3, 6, 8, 11 and 7 of the Decree onFees in Criminal Matters 2003 (Decree on Fees in Criminal Matters 2003).

Translators’ and interpreters’ fees

The fees for translation and interpreting are explained below.

Interpreters will receive a minimum rate of EUR 59,53 per hour for their work. This amount shall be indexed annually.
Translators are paid for each line they translate. Translations from or into French, German and English are subject to a rate of EUR 0,079 per word. The rate for other common European languages is EUR 1,20 per line. The rate for other European languages and common non-European languages is EUR 1,51, while the rate for other non-European languages is EUR 1,69 per line.

For more information on translators’ and interpreters’ fees, see the Criminal Cases (Fees) Decree 2003.

Costs