Legal proceedings regarding consumer purchases

Is something wrong with a product that you have purchased as a consumer? If the retailer is unwilling or unable to give you a replacement product and/or has not offered you any compensation or not enough compensation, you can initiate proceedings. 

In extended proceedings (also known as bodemprocedure – proceedings on the merits of the case), you request the district court to give a final ruling. It is not compulsory to engage the services of a lawyer.

Do you need your case to be heard urgently? And are you unable to wait for the ruling in extended proceedings? In urgent proceedings (also known as kort geding – summary proceedings), you apply to the district or civil court to issue an interim decision (in Dutch).

Urgent proceedings before the district court

Lawyer not mandatory

There is no obligation for you or your retailer to engage the services of a lawyer.

Lower costs (court fees)

• You only pay court fees if you are the claimant
• Court fees are lower than in the civil courts

Urgent proceedings before the district court (in Dutch)

Urgent proceedings before the civil court

Lawyer usually required

• If you are a claimant, you must use a lawyer
• Your retailer, as the counterparty, is only obliged to use a lawyer if the retailer wishes to file a counterclaim

Higher costs (court fees)

• You and your retailer each pay court fees
• The court fees are higher than at the district court

Urgent proceedings before the civil court (in Dutch)

Is the seller's registered address within the territory of the District Court of The Hague, Overijssel, Rotterdam or Zeeland-West-Brabant? Then you may be able to take the matter to the resolution judge. The resolution judge will work with you and the other party to see if a resolution can be found. If no resolution can be found, the resolution judge will decide the matter.

You pay a fee for the court to hear your case: this is known as griffierechten (court fees). There may be additional costs associated with a case, such as lawyer’s fees.

Would you like personal advice on your situation? Do you need assistance with drafting documents or during the hearing? You have the option at all times to engage the services of a lawyer or other legal advisor.

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