Court fees concerning Small Claims procedure - Netherlands
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Exposures under the cross-border small claims procedure (Regulation (EC) No 861/2007, which entered into force on 1 January 2009) shall be submitted to the court having jurisdiction in accordance with the ordinary rules of relative jurisdiction using form A. The European Small Claims procedure is designed to simplify and speed up cross-border claims of up to EUR 2000. The Regulation applies between all Member States of the European Union with the exception of Denmark.
The European Small Claims Procedure is available to litigants as an alternative to the procedures existing under the laws of the Member States. A judgment given in the European Small Claims Procedure is recognised and enforceable in another Member State without the need for a declaration of enforceability and without any possibility of opposing its recognition.
Standard forms have been drawn up for the Small Claims procedure and are available here in all languages. To start the procedure, “Form A” must be filled in. Any relevant supporting documents, such as receipts, invoices, etc. should be attached to the form.
It is a written procedure unless an oral hearing is considered necessary by the court. The Regulation also establishes time limits for the parties and for the court in order to speed up litigation. The Regulation provides for four standard forms. You can fill in the forms online. See also for more information on small claims.
Form A must be sent to the court that has the jurisdiction. Once the court receives the application form it must fill in its part of the “Answer Form”. Within 14 days of receiving the application form, the court should serve a copy of it, along with the Answer Form, on the defendant. The defendant has 30 days to reply, by filling in his or her part of the Answer Form. The court must send a copy of any reply to the plaintiff within 14 days.
Within 30 days of receiving a response from the defendant (if any), the court or tribunal shall give a decision on the minor action, ask the parties to provide further information in writing or on the parties to an oral hearing. If there is an oral hearing, it is not necessary to be represented by a lawyer.
With this form (which might need to be translated into the language of the other Member State), and a copy of the judgment, the judgment is enforceable in all the other Member States of the European Union, without any further formalities. The only reason that enforcement in another Member State can be refused is if it is irreconcilable with another judgment in the other Member State between the same parties. Enforcement takes place in accordance with the national rules and procedures of the Member State where the judgment is being enforced.
For further information on the European Small Claims Procedure or the national procedures, click on one of the flags to the right.
For additional information, please go to our page on Small Claims
You can complete all forms online by clicking on one of the links below. If you have already created a form and have saved a provisional version, you can upload it via the “Please upload a provisional version” button. N.B.: Only if you use a high resolution display can fill in the forms online.
Complete online form: https://e-justice.europa.eu/content_small_claims_forms-177-nl.do
Download an empty form https://e-justice.europa.eu/content_small_claims_forms-177-nl.do
The applicable charges for 2016 are subdivided as follows:
Nature of the amount of the claim or the request
Court registry fee for non-natural persons
Registry fee for natural persons
Unlimited registry fee
Cases concerning a claim or a request:
— Of unspecified value or
— Of an amount not exceeding
Proceedings in respect of a claim or application with a sum of more than
EUR 500 and not more than EUR 12.500
The level of the court registry fee depends on the amount of the claim or the request See also: What are the applicable rates.
Court fees should be paid in advance. If payment after 1 month will continue, dismissal of the agency will be granted and the matter will not be dealt with.
A transmitted account can be paid via a transfer (either electronically or not).
After payment, the defendant shall be informed and requested to complete and return the reply form.
This is a machine translated version of the content. The owner of this page accepts no responsibility or liability whatsoever with regard to the quality of this machine translated text.
Last update: 18/09/2019