Contract Breach in Netherlands — Your Rights as Expat

What's happening?

Contract breach, also called non-performance (wanprestatie), occurs when one of the parties fails to perform, performs late, or performs incorrectly their obligations under the contract. This can involve not delivering goods, not paying an invoice, not completing work, or breaching other agreements. Contract breach unfortunately occurs regularly in business and personal relationships in the Netherlands. The reasons can vary from financial problems to miscommunication or deliberate choices. When this happens, you're not powerless - Dutch law offers you protection and possibilities to recover your damages.

What does Dutch law say?

Dutch contract law is regulated in the Civil Code (Burgerlijk Wetboek) and provides clear rules about what happens in case of contract breach. The law assumes that contracts are binding and that both parties must fulfil their agreements. When this doesn't happen, it's called 'failure to perform' (tekortkoming in de nakoming) or non-performance. Dutch law gives the injured party various legal remedies to limit and recover their damages. It's important to know that in certain cases you must first send a notice of default (ingebrekestelling) before you can take other steps.

What are your rights?

If the other party doesn't fulfil the contract, you have various rights you can exercise under Dutch law. These rights are intended to put you as much as possible in the position you would have been in if the contract had been fulfilled.

What can you do now?

It's important to act step by step and thoughtfully in case of contract breach in the Netherlands. Document everything well and keep communication businesslike and factual.

Sample letter or template

A well-drafted notice of default (ingebrekestelling) is often the first and most important step in case of contract breach under Dutch law. MijnRecht.AI can help you draft a professional and legally correct letter that fits exactly with your situation. This clearly describes the contract breach, gives a reasonable period for performance, and indicates the consequences of continued non-performance.

Where can you go for help?

For contract disputes in the Netherlands, there are various institutions where you can get help, depending on the nature and scope of the problem. The Legal Counter (Juridisch Loket) offers free legal advice for initial questions. For specific sectors like telecom, energy or financial services, you can contact specialised disputes committees. For more complex cases or higher amounts, you can engage a lawyer or go to court. The subdistrict court (kantonrechter) handles disputes up to €25,000, for higher amounts the district court is competent.