Limitation of actions - under Dutch law
Statute of limitations - and prescription under Dutch law
Like most legal systems, Dutch law provides for a system of rules which impose time limits for a civil claim to be brought. This system of statutory limitations of actions is known as verjaring and is laid down in Book 3 of the Dutch Civil Code. This means that if you leave it too long to bring a claim and the limitation period expires, you will not be able to bring that claim anymore.
Most causes of action in the Netherlands are subject to limitation periods of five (5) years, with a few types of claims having extra short (1-2 years) or extra-long (20-30 years) limitation periods.
When is a claim statute-barred under Dutch law?
The standard 5 year limitation period applies for:
- General contractual claims for specific performance
- General damages claims or claims for contractual penalties
Shorter limitation periods apply in relation to:
- Claims based on transport contracts (1 year)
- Claims for payment of the purchase price in consumer sales contracts (2 years)
Longer limitation periods apply in relation to:
- Execution of a binding judgement or arbitral award (20 years)
- Claims secured by a mortgage (20 years)
- Damage caused by air, soil or water contamination (30 years)
Limitation periods – know your claim under Dutch law
To determine what kind of limitation period applies, it is important for you to know what cause of action you wish to rely on (i.e. what is the legal “classification” of the claim that you want to bring?). It is also important to work out at what point in time the limitation period starts to run. This can be quite technical, so you should seek legal advice in relation to these questions.
Suspension of limitation periods under Dutch law
Under Dutch law a limitation period can be suspended by initiating legal proceedings or through any act of judicial recourse instituted in a legally required form or in the form agreed by the parties. An act to obtain a binding opinion can also suspend the limitation period, provided that the other party is expeditiously notified and that a binding opinion actually results. A limitation period of a right of action to claim performance of an obligation can be interrupted by a written warning.
Advice on limitation of actions under the laws of the Netherlands
Are you considering bringing an old claim or are you faced with an old claim? Are you unsure about whether or not it is barred by the effects of a limitation period under Duch law?
Feel free to contact us.