Advice on matters with a connection to the Netherlands.

Hardly any other Member State concentrates so much European goods traffic in so small a space. A substantial part of the goods that reach the continent pass through Rotterdam or Schiphol, are intermediately stored in Dutch distribution centres and from there distributed into the sales markets. For clients that means: even if seller and buyer are seated in Germany or the United Kingdom, the place of performance, storage or handover frequently lies in the Netherlands – with consequences for the passing of risk, retention of title, the warehouseman’s rights of retention and the question of which court has jurisdiction over a dispute concerning the goods. These points are decided in the delivery terms, not only in the proceedings.

Closely connected with this is the distribution level. Dutch distributors, fulfilment service providers and commercial agents are for many manufacturers the first station into the European market. Dutch law knows a statutory compensation claim for commercial agents at the end of the contract, and even in long-standing distributor relationships a termination can require an adequate period, even if the contract provides a shorter one. Whether a termination holds and what consequences are to be expected depends on the duration of the contract, the partner’s investments and the concrete winding-up. An examination before notice of termination is given may be required.

As a seat state, the Netherlands come up for us above all in holding structures and with operators of digital offerings. Shareholdings in companies in several states are frequently held through a Dutch intermediate company; platforms, marketplaces and payment applications choose the Netherlands because of the infrastructure and the English-speaking business environment. Legally, two questions that in practice are often mixed must be kept separate: the company-law attribution according to the register entry, and the question of where management is actually exercised. Liability, tax and jurisdiction questions depend on the second, and it cannot be answered by the choice of legal form.

Dutch court practice is remarkably accessible for cross-border matters. Under certain conditions and where the parties have so agreed, commercial disputes can be conducted in English before the Netherlands Commercial Court, which can reduce the burden of translation and misunderstandings in the taking of evidence. At least as important in practice is the “kort geding”, a summary interim procedure that, where the facts are sufficiently clear, can lead to an enforceable interim decision within a few weeks. It does not replace proceedings on the merits, but depending on the circumstances it can buy time, apply pressure or provide security — for example in the event of delivery stoppages, demands for surrender, or an imminent transfer of assets. Whether this route is available in a given case depends on urgency and on how robust the supporting documents are.

The last area concerns fraud matters. Dutch accounts and payment-service providers established in the Netherlands appear in payment chains more often than average, because the country’s payment infrastructure is high-performing and internationally integrated. For those affected, that is a mixed picture: the funds are forwarded quickly, yet regulated institutions are subject to identification and retention duties and are therefore suitable addressees for information and preservation requests. Speed is decisive; Dutch law provides a comparatively practical instrument of pre-judgment attachment, which may come into consideration depending on the facts.

Representation in court proceedings is provided by practitioners admitted in the relevant jurisdiction. We coordinate the collaboration, conduct communications in German or English and remain your central point of contact. Whether, and to what extent, claims can be enforced or funds secured depends on the individual case; an outcome cannot be promised.