Netherlands: Litigation, Mediation & Arbitration

An emerging solution is permit appeals insurance, which aims to enable projects to start before a permit becomes irrevocable, turning legal uncertainty into manageable risk.

The Dutch Supreme Court has issued a decisive ruling on the contentious Box 3 tax assessments, determining the fate of taxpayers who failed to timely object to their assessments between 2017 and 2020. This judgment resolves a critical question left open by the landmark Christmas judgment of 2021, establishing whether non-objecting taxpayers can still claim relief. The decision carries significant implications for thousands of Dutch taxpayers who may have missed objection deadlines during this period.

Erfgenamen en legatarissen raken steeds vaker verwikkeld in geschillen over de betekenis van testamentbepalingen. De Nederlandse rechtspraak heeft de regels voor testamentuitleg ingrijpend verruimd, waardoor zelfs ogenschijnlijk heldere testamenten onderwerp van discussie kunnen worden. Deze ontwikkeling maakt het cruciaal om te begrijpen wanneer en hoe een testament kan worden uitgelegd.

The Court of Appeal of the Unified Patent Court examines an application for suspensive effect in appeal proceedings involving patent EP 2 791 402. Chinese technology companies Xingi Technology and Jiangsu Jiuzhou challenge a decision from the Local Division in The Hague brought by Avient Protective Materials B.V. The case involves procedural rules governing suspensive effect applications under the UPC Rules of Procedure.

An emerging solution is permit appeals insurance, which aims to enable projects to start before a permit becomes irrevocable, turning legal uncertainty into manageable risk.

The Unified Patent Court has begun issuing cross-border injunctions extending beyond its member states, reaching the UK and Spain. As Dutch courts maintain their tradition of long-arm jurisdiction and European patent holders increasingly opt out of UPC coverage, the Netherlands has become a critical enforcement venue where a single proceeding can trigger cascading injunctions across multiple European jurisdictions, creating significant strategic risks for Chinese enterprises expanding into European markets.

The introduction of the Act on Collective Damages in Class Actions (Dutch acronym: WAMCA) in 2020 fundamentally changed the legal landscape for class actions in the Netherlands.

The CJEU recently issued its decision in the Dutch class action against Apple. Whereas the Advocate General noted that the Amsterdam Court could not claim jurisdiction over...

In his recent opinion, Advocate General Campos Sánchez-Bordona provides insights on the application of Article 7(2) of the Brussels I bis Regulation in the context of class actions.

The Dutch Supreme Court has issued a decisive ruling on the contentious Box 3 tax assessments, determining the fate of taxpayers who failed to timely object to their assessments between 2017 and 2020. This judgment resolves a critical question left open by the landmark Christmas judgment of 2021, establishing whether non-objecting taxpayers can still claim relief. The decision carries significant implications for thousands of Dutch taxpayers who may have missed objection deadlines during this period.

The Amsterdam District Court has drafted preliminary questions for the CJEU regarding the validity of rent indexation clauses in Dutch residential leases that combine CPI-based increases with additional surcharges. These questions seek to clarify whether such combined mechanisms comply with EU consumer protection law, particularly concerning transparency, foreseeability, and fairness to tenants.

In its 20 November 2025 ruling, France's Douai Court of Appeal reinforced the strict interpretation of the author's exclusive right to exploit their work.