International jurisdiction Netherlands Court over civil and commercial matters (principal rule)
A Dutch attorney can file claims with the Dutch Courts based on property law, the law of obligations, the law of contracts, the law of tort or on intellectual property rights. The claim has to be brought before a Dutch court by filing a Writ of Summons at the Registry of the court. In the Writ of Summons the defendant is invited to appear in the Dutch Court on a specific day.
The Dutch court has jurisdiction if the defendant has his domicile or habitual residence in the Netherlands (the ‘forum rei’ rule). The domicile and habitual residence of commercial partnerships and legal persons are the Municipality that is appointed as seat of the commercial partnership or legal person and the place where its head office is actually located, respectively.
International jurisdiction Dutch Court over civil and commercial matters (alternative rules)
The Duch Code of Civil Procedure offers alternative criteria for jurisdiction with regard to legal proceedings initiated by a Writ of Summons, regardless of the domicile or habitual residence of the defendant. These criteria independently create jurisdiction with the Dutch court has jurisdiction. These rules determine legal claim is linked in such a way to the territory of the Netherlands that jurisdiction of the Dutch court is justified.
Filing a Claim with Dutch Court
The Dutch attorney can also file a claim with the Court in the Netherlands in matters concerning:
- contractual obligations, that have been performed or must be performed in the Netherlands;
- an individual employment agreement or an agency agreement if the work is or used to be performed in The Netherlands;
- an individual employment contract, if the work is performed temporarily in The Netherlands, concerning rights of action with regard to conditions of employment and labour conditions referred to in Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services.
- consumer contracs involving a consumer who has his domicile or habitual residence in the Netherlands and an opposite party who pursues commercial activities or his trade of profession (also) in the Netherlands;
- obligations arisen from a tortious act, if the event that has caused the damage has taken place or may take place in the Netherlands;
- real property rights in, as well as lease and farm lease agreements to immovable things located in the Netherlands (however, not over claims derived from a sale agreement with regard to immovable property in the Netherlands);
- estates of a deceased natural person, if the last domicile or last habitual residence of the deceased was located in the Netherlands;
- the validity, nullity or dissolution of commercial partnerships and legal persons established in the Netherlands;
- legal claims and issues related to a bankruptcy, suspension of payment under a moratorium or the Debt Repayment Scheme for Natural Persons that has been proclaimed or granted in the Netherlands.