Court fees concerning Small Claims procedure

Introduction

What fees are applicable?

How much shall I pay?

What happens if I do not pay the court fees on time?

How can I pay the court fees?

What shall I do after the payment?

Introduction

Claims under the European small claims procedure (Regulation (EC) No 861/2007, which entered into force on 1 January 2009) are submitted to the court which has jurisdiction under the ordinary rules of jurisdiction ratione loci by means of Form A. The European small claims procedure is designed to simplify and speed up cross-border claims of up to €5,000. The Regulation applies between all EU Member States, with the exception of Denmark.

The European small claims procedure is available to litigants as an alternative to the procedures existing under the laws of the Member States. A judgment given in the European small claims procedure is recognised and enforceable in another Member State without the need for a declaration of enforceability and without any possibility of opposing its recognition.

Standard forms have been drawn up for the small claims procedure in all EU languages. To start the procedure, Form A must be filled in. Any relevant documents, such as receipts and invoices, should be attached to the form.

The only reason that enforcement in another Member State can be refused is if it is irreconcilable with another judgment in the other Member State between the same parties. Enforcement takes place in accordance with the national rules and procedures of the Member State where the judgment is being enforced.

What fees are applicable?

The amount of court fees depends on the amount of the claim or application. See also: How much shall I pay?

How much shall I pay?

The applicable fees for 2019 are broken down as follows:

Nature or amount of the claim or application

Court fees for non-natural persons

Court fees for natural persons

Court fees for those with lack of means

Cases relating to a claim or an application:

- Of an indeterminate amount, or

- Involving an amount of not more than

€500

€121

€81

€81

Cases relating to a claim or an application involving an amount of more than:

€500 and not more than €12,500

€486

€231

€81

For more information, please see: Judicial system Netherlands and Dutch Legal Aid Board.

What happens if I do not pay the court fees on time?

Court fees must be paid in advance. If payment is not made after 1 month, then the case will be dismissed and will not proceed.

How can I pay the court fees?

An invoice sent can be paid via transfer (electronic or otherwise).

What shall I do after the payment?

After payment, the defendant is notified and asked to complete and return the answer form.

Related links

Regulation (EC) No 861/2007 of the European Parliament and of the Council of 11 July 2007 establishing a European Small Claims Procedure

Form A

Judicial system Netherlands

Dutch Legal Aid Board

Last update: 25/02/2020

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