Starting a lawsuit, or defending yourself against one, is a serious decision. Whether it concerns a business dispute, an employment matter, a tenancy conflict or a disagreement with a contracting party: litigation costs money. The question almost everyone asks is: what happens if I lose the case?
In short, you then pay three things at once: your own lawyer’s fees, your own court fee, and part of the other party’s costs. On top of that usually comes the claim itself, with interest and collection costs. This article sets out each cost item, with the rates that apply in 2026, three worked examples and the schemes that can limit your risk.
The short answer. Whoever loses is ordered to pay the other party’s litigation costs under article 237 of the Dutch Code of Civil Procedure (Rv). That is not a full bill: the court calculates the lawyer’s fee using a fixed points system, the liquidation tariff (liquidatietarief). Before the subdistrict court (kanton) this usually stays below one thousand euros; before the district court or on appeal it can run into thousands. Your own lawyer’s fees are not reimbursed at all.
1. Your own lawyer’s fees: the largest item
The largest cost item is usually your own lawyer. Dutch lawyers generally work at an hourly rate, depending on experience, specialisation and the complexity of the case. The longer a procedure runs and the more written submissions, hearings and evidence rounds it requires, the higher the final invoice.
So agree in writing, in advance, on:
- the hourly rate and any office costs or VAT;
- the advance payment and when it is due;
- periodic cost overviews, so you can adjust course along the way;
- an estimate per procedural step — writ of summons, defence, hearing, possible appeal.
One point is essential: even if you win, you rarely recover these costs in full. The compensation awarded by the court is a flat rate and in practice often falls far short of the actual lawyer’s fees. The cost risk of litigating is therefore asymmetrical in both directions.
2. Court fees (griffierecht): what you pay the court
To conduct proceedings you pay a court fee. The amount depends on the court, the size of the claim, and whether you are a private individual or a legal entity. One difference is often overlooked:
- Before the subdistrict court (kanton) only the party starting the case pays a court fee. If you are the defendant, you pay the court nothing.
- Before the district court (commercial, summary, family and insolvency cases) and the court of appeal, both parties pay a court fee — including a party that is only defending itself.
Court fees, subdistrict court (kanton) 2026
| Value of the case | Individual | Company | Low income |
|---|---|---|---|
| Undetermined value or up to € 500 | € 93 | € 139 | € 93 |
| € 500 – € 1,500 | € 233 | € 350 | € 93 |
| € 1,500 – € 2,500 | € 265 | € 397 | € 93 |
| € 2,500 – € 12,500 | € 265 | € 529 – € 559 | € 93 |
| More than € 12,500 | € 753 | € 1,504 | € 93 |
Court fees, civil cases at the district court 2026
| Value of the case | Individual | Company | Low income |
|---|---|---|---|
| Undetermined value | € 341 | € 735 | € 93 |
| Up to € 100,000 | € 1,414 | € 3,083 | € 93 |
| € 100,000 – € 1,000,000 | € 2,803 | € 7,062 | € 93 |
| More than € 1,000,000 | € 2,803 | € 10,487 | € 93 |
On appeal the amounts are higher: from € 373 (individual, claim up to € 12,500) to € 2,192 for claims above € 100,000, and up to € 14,007 for companies. The amounts are indexed annually; the current tables are published on rechtspraak.nl.
If you do not pay the court fee within four weeks, the court may disregard your defence and award the claim — while you still owe the fee. That is one of the most painful and most avoidable ways to lose a case.
3. The other party’s costs: the liquidation tariff
The losing party is ordered to pay the other party’s litigation costs (article 237 Rv). These consist of two parts:
- disbursements: the other party’s court fee, the bailiff’s costs of the writ, and sometimes witness or expert costs;
- lawyer’s or representative’s fee: a flat amount, calculated under the liquidation tariff.
The liquidation tariff works with points. Each procedural step earns points: a written submission counts as 1 point (up to two), a hearing 1 point, a witness examination 1 point, an interlocutory application 1 point. Those points are multiplied by an amount that depends on the financial interest at stake.
Point rates, district court (as of 1 February 2026)
| Tariff | Value of the case | Per point | Max. points |
|---|---|---|---|
| I | below € 10,000 | € 554 | 5 |
| II | € 10,000 – € 20,000 and cases of undetermined value | € 653 | 6 |
| III | € 20,000 – € 40,000 | € 836 | 7 |
| IV | € 40,000 – € 98,000 | € 1,290 | 10 |
| V – VIII | € 98,000 up to above € 1,000,000 | € 2,051 – € 4,631 | none |
In summary proceedings (kort geding) a fixed amount applies: € 760 in straightforward cases such as small tenancy and housing disputes, € 1,177 in ordinary cases and € 1,766 if the case is particularly complex.
On appeal the point rates are higher: from € 912 per point in tariff I to € 6,609 per point in the highest category. If you also lose on appeal, that costs order comes on top of the one at first instance.
Before the subdistrict court: representative’s fee
Subdistrict cases (claims up to € 25,000, tenancy and employment matters) have their own scale, tied to the principal sum. A selection of the rates per point as of 1 February 2026:
- principal up to € 500: € 87 per point;
- up to € 2,500: € 217 per point;
- up to € 10,000: € 360 per point;
- up to € 20,000: € 432 per point;
- up to € 100,000: € 866 per point;
- eviction: € 217 per point.
A standard subdistrict procedure yields two points. Losing a tenancy case about € 2,000 of arrears therefore usually costs you around € 434 in representative’s fee, plus the landlord’s court fee and the bailiff’s costs.
Post-judgment costs, interest and enforcement
A costs order does not end with the judgment. Under article 237(4) Rv the court also assesses post-judgment costs: a flat amount for the aftermath, which increases as soon as the judgment has to be served by a bailiff. If you do not pay voluntarily, statutory interest on the costs and enforcement costs follow: service, attachment of wages, bank accounts or property. That is the stage where costs rise fastest, while the outcome of the case is already settled.
4. And the claim itself: principal, interest and collection costs
Litigation costs are only one layer. If you lose a monetary claim, you also pay:
- the principal sum you are ordered to pay;
- statutory interest, often calculated from the date of default and therefore over a long period;
- extrajudicial collection costs under article 6:96 of the Dutch Civil Code — a statutory percentage of the principal;
- possibly contractual penalties or a penalty payment if you fail to comply with an order to do or refrain from something.
Penalty payments deserve special attention: they accrue per day or per breach, and can exceed the principal sum within a short time if no immediate action is taken.
If damages are claimed against you, for instance for breach of contract or a wrongful act, the damage may consist of financial loss such as lost profit, costs incurred and sometimes non-material damage.
Three worked examples
Example 1 — a tenancy case lost before the subdistrict court (individual). A tenant is sued for € 2,000 of rent arrears and loses. He pays: the arrears of € 2,000, interest and collection costs of roughly € 350, the landlord’s court fee of € 265 (private landlord; a corporate landlord pays € 397), bailiff’s costs of around € 110 and a representative’s fee of 2 × € 217 = € 434. Total, excluding his own lawyer: over € 3,100. As a defendant before the subdistrict court he paid no court fee himself.
Example 2 — a commercial case lost before the district court (business). A company litigates over a claim of € 60,000 and loses. It pays its own court fee of € 3,083, its own lawyer (in practice easily € 10,000 to € 20,000), plus the other party’s costs: their court fee of € 3,083 and a lawyer’s fee under tariff IV, for example 3 points × € 1,290 = € 3,870. The costs order alone then comes to almost € 7,000, separate from the principal sum and its own lawyer.
Example 3 — summary proceedings lost. An entrepreneur seeks performance of an agreement in summary proceedings and is refused. He pays his own court fee (€ 735 for a legal entity in a case of undetermined value), his own lawyer, and to the other party their court fee plus the fixed fee of € 1,177 — € 1,766 in a complex case.
These figures are illustrative: the actual number of points, the tariff group and the bailiff’s costs differ per case. They do show the order of magnitude.
When do you pay the other party’s full costs?
The liquidation tariff is the main rule, but there are exceptions where the bill is far higher:
- Intellectual property cases. Under article 1019h Rv the losing party is ordered to pay the reasonable and proportionate actual costs. In trademark, patent and copyright cases that often means tens of thousands of euros.
- Abuse of process. A party bringing a manifestly hopeless or vexatious claim may owe the other party’s full costs.
- Needlessly incurred costs. The court may leave costs that were needlessly caused entirely with the party that caused them — even a party that wins the case.
- Contractual clauses. General terms sometimes provide for full reimbursement of legal costs. Whether such a clause holds up depends on the nature of the contract and the counterparty.
Conversely, the court may set off the costs, so each party bears its own. That is standard between (former) spouses, registered partners, other life partners, parents and children, and brothers and sisters, and where both parties are partly unsuccessful. In many family cases and where a claim is only partly awarded, that is the normal outcome.
Schemes that limit your risk
Subsidised legal aid (toevoeging)
On a low income you may qualify for subsidised legal aid. You then pay only a personal contribution. In 2026 the following amounts apply for a regular legal aid certificate (reference year 2024):
| Single | Married / cohabiting / single-parent family | Personal contribution |
|---|---|---|
| up to € 25,200 | up to € 35,000 | € 257 |
| € 25,201 – € 25,900 | € 35,001 – € 36,200 | € 475 |
| € 25,901 – € 27,500 | € 36,201 – € 37,900 | € 678 |
| € 27,501 – € 29,800 | € 37,901 – € 42,400 | € 882 |
| € 29,801 – € 35,400 | € 42,401 – € 50,000 | € 1,084 |
In family law matters the contributions are higher (€ 448 to € 1,120). Above the income threshold there is no entitlement; assets in box 3 above the reference-year threshold (€ 36,952 in 2024) also exclude you. With legal aid or an income statement you additionally pay the low court fee of € 93 at the district and subdistrict courts.
Important: legal aid does not protect you against a costs order. If you lose, you pay the other party’s litigation costs yourself.
Legal expenses insurance
Legal expenses insurance may cover your own lawyer’s fees and sometimes a costs order as well. Check the waiting period, the exclusions, the threshold amount and whether you may choose your own lawyer. If cover is refused, you do not simply have to accept that — read what you can do if your legal expenses insurer refuses cover.
Special assistance and mitigation
On a low income you can apply to your municipality for special assistance (bijzondere bijstand) towards the court fee. In addition, under article 237(5) Rv the court may rule that you are not ordered to pay a court fee higher than the one you owed yourself, where that would be unreasonable given the conduct of the winning party.
How to manage the cost risk in advance
Deciding to litigate is a financial assessment as much as a legal one. What makes the difference in practice:
- Have the cost risk calculated for a loss, not only for a win. Ask for a scenario that includes the costs order.
- Assess the chances realistically. A case with a fifty per cent chance and a cost risk of € 8,000 is something quite different from the same odds at € 800.
- Secure the evidence. Most cases are lost on evidence, not on law. Expert investigation costs are payable up front and for your own account.
- Negotiate before you sue. A settlement in which each party bears its own costs is almost always cheaper than a case you win.
- Consider mediation or arbitration. Mediation is usually faster and cheaper; arbitration has its own cost regime, which is not always more favourable.
- Stop in time. An appeal doubles the cost risk and carries higher point rates and court fees.
Beyond the finances there is a non-financial price: proceedings often take months or years, cause prolonged uncertainty and can damage business relationships and reputation. For entrepreneurs that sometimes weighs more heavily than the invoice itself.
The value of sound legal advice
At Arslan Advocaten we look not only at your legal position, but also at the cost risk, the prospects of success and the alternatives. That way you know, before the first procedural step, what a loss could cost you at most — and whether litigating is the wisest route in your situation.
Conclusion
Losing a lawsuit costs you three things at once: your own lawyer’s fees, your own court fee and a flat share of the other party’s costs. Before the subdistrict court that costs order usually stays in the hundreds of euros; before the district court, and certainly on appeal, it runs into thousands, and in intellectual property cases up to the full actual costs. Anyone who has the cost risk of a loss calculated in advance — and seriously explores legal aid, insurance or a settlement — decides whether to litigate on the basis of figures rather than hope.
Related legal services
Read also
- What does litigation cost? Court fees and litigation costs explained
- Appeal after a verdict: when, how and what are your chances?
- Received a summons from the bailiff: what now?
- The subdistrict court judge: when, what for and how does the procedure work?
Frequently asked questions
What does it cost me if I lose a lawsuit?
You pay your own lawyer’s fees, your own court fee and the other party’s litigation costs. The latter consist of their court fee, bailiff’s costs and a flat lawyer’s fee under the liquidation tariff. Before the subdistrict court this is often a few hundred euros; before the district court, thousands. On top of that comes the claim itself, with interest and collection costs.
Must I pay the other party’s lawyer’s fees in full?
As a rule, no. The court calculates the lawyer’s fee under the liquidation tariff: a points system that is unrelated to the actual invoice. In 2026 a point at the district court is € 554 to € 4,631, depending on the value of the case. Only in exceptions, such as intellectual property cases (article 1019h Rv) or abuse of process, is the full bill awarded.
Do I pay a court fee if I am only defending myself?
That depends on the court. Before the subdistrict court only the party starting the proceedings pays; as a defendant you pay the court nothing. In civil cases at the district court and on appeal both parties do pay a court fee, including a party that is only defending itself. Pay on time: late payment allows the court to disregard your defence.
Can I know in advance what the case will cost me at most?
The costs order is reasonably predictable, because court fees and liquidation tariffs follow fixed tables. Your own lawyer’s fees depend on how the procedure develops, but a lawyer can give a range per procedural step. Always ask for a calculation of the scenario in which you lose, not only the one in which you win.
I have subsidised legal aid. Does that remove the cost risk?
No. Legal aid covers your own lawyer’s fees apart from the personal contribution, and entitles you to the low court fee of € 93. A costs order is not covered: if you lose, you pay the other party’s litigation costs yourself. Discuss this risk with your lawyer beforehand.
What happens if I cannot pay the costs order?
The other party can have the judgment served and enforced: attachment of wages, benefits, bank accounts or possessions, subject to the protected minimum income. Those costs are added on, as is statutory interest. So if you cannot pay, contact the other party or their lawyer quickly about a payment arrangement; that is almost always cheaper than enforcement.
What does it cost if I also lose on appeal?
On appeal higher court fees apply (€ 373 to € 2,192 for individuals) and higher point rates: from € 912 per point in the lowest tariff group to € 6,609 in the highest. That costs order comes on top of the one at first instance. An appeal therefore roughly doubles the cost risk, and is only advisable where there is a concrete ground to challenge the judgment.
Can the court rule that each party bears its own costs?
Yes. This is called setting off costs and happens as a matter of course between spouses, registered partners, other life partners, parents and children, and brothers and sisters. Where both parties are partly unsuccessful, the court also frequently sets off the costs in whole or in part. In family cases that is the usual outcome.
