International debt recovery in the Netherlands

When a foreign creditor is owed money by a Dutch debtor, the debt recovery process involves additional legal considerations, ranging from questions of jurisdiction to the enforceability of foreign judgments and the availability of cross-border enforcement instruments. What options does a creditor have in an international context?

Jurisdiction: which court is competent?

Before initiating proceedings, it is important to establish which court has jurisdiction. In cross-border disputes, this depends on several factors, including arrangements in the contract between the parties, the location of the debtor, and applicable international rules.

Within the European Union, jurisdiction is primarily governed by the Brussels Ibis Regulation. As a general rule, a debtor can be sued in the country where it is domiciled. However, there are important exceptions. In contractual disputes, proceedings may also be brought before the court of the place where the obligation was performed, for example, where goods were delivered or services were provided. Parties may also agree in advance on which court will have jurisdiction by including a jurisdiction clause in their contract.

In international commercial disputes involving the sale of goods, the United Nations Convention on Contracts for the International Sale of Goods (CISG) may also play a role in determining the parties’ rights and obligations. Outside the EU, jurisdiction depends on the applicable bilateral or multilateral treaties, or on Dutch private international law rules if no treaty applies.

Extrajudicial collection

Regardless of the international dimension, debt recovery in the Netherlands typically starts with extrajudicial efforts. A creditor will first attempt to collect the debt through payment reminders and formal demand letters, without involving the courts. This step is not only practical but also legally relevant: under Dutch law, a debtor must generally be given the opportunity to pay before further legal measures are taken.

If the debtor does not respond or refuses to pay, judicial measures may become necessary. Dutch law also offers various prejudgment attachment measures (conservatoir beslag) to secure assets pending recovery proceedings, which are discussed separately in our blog on prejudgment attachment.

Enforcing a foreign judgment in the Netherlands

It can be the case for international creditors that they already hold a judgment from a foreign court and wish to enforce it against assets located in the Netherlands.

Within the European Union

If the judgment was issued by a court in another EU member state, enforcement in the Netherlands is relatively straightforward. Under the Brussels Ibis Regulation, judgments from EU member state courts are mutually recognised and enforceable without the need for a separate declaration of enforceability (exequatur). The creditor can proceed directly to enforcement through a Dutch bailiff, by presenting a certified copy of the judgment together with a standard certificate confirming its enforceability. Depending on the circumstances, a Dutch court or bailiff may also request a translation of the judgment or accompanying certificate.

Outside the European Union

If the judgment is issued by a court outside the EU, the situation will be more complex. Whether the judgment can be recognised and enforced in the Netherlands depends on whether a treaty exists between the Netherlands and the relevant country. If such a treaty applies, the creditor may request the Dutch court to grant permission to enforce the foreign judgment (exequatur). If no treaty applies, the foreign judgment cannot be directly enforced. In that case, the creditor will need to initiate new proceedings before a Dutch court and obtain a Dutch judgment, which can then be enforced in the normal way.

Obtaining a Dutch judgment as a foreign creditor

If a foreign creditor does not yet hold an enforceable title, proceedings before a Dutch court may be necessary. Depending on the nature and urgency of the claim, Dutch law offers several procedural routes for obtaining an enforceable judgment.

Ordinary civil proceedings

In ordinary civil proceedings, the creditor submits a claim before the competent Dutch court. Depending on the amount of the claim and the nature of the dispute, this will be either the subdistrict court (kantonrechter) or the district court (rechtbank). These proceedings can take several months to over a year, depending on the complexity of the case and whether the debtor contests the claim.

Summary proceedings

If the matter is urgent, a creditor can request summary proceedings (kort geding) before the preliminary relief judge (voorzieningenrechter). These proceedings are faster and can result in a provisional judgment within weeks. However, the claimant must demonstrate sufficiently urgent interest, and the claim must be considered sufficiently plausible for interim relief to be granted.

European order for payment

An alternative to ordinary proceedings is the European order for payment procedure. This EU procedure allows creditors to recover undisputed monetary claims quickly using standard forms, without the need for full court proceedings. It applies in all EU member states except Denmark. If the debtor does not contest the claim within the prescribed period of 30 days, the order becomes directly enforceable across the EU.

European Account Preservation Order

An additional instrument available within the EU is the European Account Preservation Order (EAPO). This allows a creditor in one EU member state to freeze bank accounts held by the debtor in another EU member state, without first obtaining a judgment. The procedure uses standard forms and can be initiated before the competent court in the creditor’s own country. It does not apply in Denmark.

Bankruptcy proceedings

In some cases, filing for bankruptcy of the debtor may be a viable option. A bankruptcy petition can put significant pressure on the debtor and may prompt payment. However, this route requires that the debtor has at least two creditors, and there must be a state of cessation of payments. Furthermore, if the debtor is genuinely insolvent, bankruptcy may ultimately result in only partial recovery, or no recovery at all.

In cross-border insolvency situations within the EU, the European Insolvency Regulation may determine which member state has jurisdiction to open the main insolvency proceedings and how those proceedings are recognised in other member states.

Practical considerations

International debt recovery tends to be more complex and costly than domestic recovery. Language barriers, differences in legal systems and additional procedural requirements all play a role. It is therefore advisable for creditors to seek legal advice at an early stage, particularly when:

• the debtor is located in a different country
• assets are spread across multiple jurisdictions
• the enforceability of an existing judgment is uncertain
• prejudgment attachment is being considered.

Debt recovery lawyer

Are you a foreign creditor seeking to recover a debt in the Netherlands, or are you facing a cross-border debt recovery issue? Russell Advocaten can assist you in assessing the best strategy and guiding you through the process. Please contact us: