Many individuals who are faced with a legal issue often wonder, “Which judge will handle my case?” The Dutch legal system has different courts: the court, the court of appeal, and the Supreme Court. In addition, there is the cantonal judge within the court for low-threshold cases.
In this article, we explain how the judiciary in the Netherlands is structured, what the differences are between the bodies and where you can go with your case.
How is the judiciary structured in the Netherlands?
The Dutch judiciary has three levels:
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Court – the first instance where cases are handled.
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Court of Appeal – handles appeals against rulings of the court.
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Supreme Court – the highest judge in the Netherlands, checks if the law has been applied correctly (cassation).
The court
The court is the place where most cases start. There are 11 courts in the Netherlands, each with several locations. Within the court, there are different departments:
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Cantonal Judge: handles labor cases, rent disputes, consumer matters, and claims up to € 25,000.
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Civil chamber: handles larger civil cases above € 25,000 and complex disputes.
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Administrative chamber: handles disputes between citizens and the government.
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Criminal chamber: handles criminal cases.
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Family chamber: handles matters such as divorce, authority, contact, and alimony.
👉 At the court, a lawyer is often required, except at the cantonal judge.
The Court of Appeal (appeal)
Do you disagree with a ruling of the court? Then in many cases, you can appeal to the Court of Appeal.
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The court revises the case: facts and law.
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There are 4 courts of appeal in the Netherlands (Amsterdam, The Hague, Arnhem-Leeuwarden, and ‘s-Hertogenbosch).
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A lawyer is required at the court.
The Supreme Court (cassation)
The Supreme Court is the highest judge in the Netherlands.
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Evaluates not the facts again but looks whether the law and procedural rules have been correctly applied.
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Only in very specific mistakes in the application of law or rationale can the Supreme Court annul a ruling.
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A lawyer at the Supreme Court (cassation lawyer) is required.
What determines which judge your case goes to?
That depends on:
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The type of case (labor, rent, civil, family, criminal or administrative law).
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The amount of the claim (up to or above € 25,000).
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Whether there is an appeal or cassation.
Examples from practice
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Example 1 (rent): A tenant with a € 3,000 rent arrears was summoned to the cantonal judge.
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Example 2 (labor): An employee with a wage claim of € 40,000 had to go to the civil chamber of the court.
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Example 3 (divorce): A divorce request was handled by the family chamber of the court.
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Example 4 (collection): An entrepreneur lost in court and appealed to the Court of Appeal. The court annulled the verdict.
Checklist: where does my case end up?
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📑 Money claim up to € 25,000 → cantonal judge.
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⚖️ Labor case or rent case → cantonal judge.
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💶 Civil case above € 25,000 → civil chamber court.
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👨👩👦 Family law (divorce, authority, contact) → family chamber court.
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🚔 Criminal case → criminal chamber court.
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🏛️ Not agreeing with the ruling of the court → Court of Appeal (appeal).
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👩⚖️ Only testing of the law → Supreme Court (cassation).
Common mistakes
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Thinking that you can always litigate without a lawyer (often required at court and court).
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Not knowing that small cases up to € 25,000 fall under the cantonal judge.
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Filing an appeal too late, making the verdict final.
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Expecting the Supreme Court to look at the facts again (that doesn’t happen).
Frequently asked questions (FAQ)
1. What is the difference between the cantonal judge and the court?
The cantonal judge is part of the court, but handles smaller and more accessible cases.
2. Do I always need a lawyer in court?
Not with the cantonal judge, but usually with the other chambers of the court.
3. How many courts are there in the Netherlands?
There are 11 courts with multiple locations.
4. Can I appeal every ruling?
No, you cannot appeal small cases under € 1,750.
5. How long does a procedure at the court take?
It varies from a few months to more than a year, depending on the complexity.
Why Arslan Lawyers?
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Experienced in proceedings at a cantonal judge, court, court of appeal and Supreme Court.
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Guiding clients at every stage of the procedure.
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Clear explanation about opportunities, costs, and risks.
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Regularly achieving successful results in all instances.
Conclusion
The Dutch legal system has several levels: court, Court of Appeal and Supreme Court. Which judge handles your case depends on the nature and size of the case. A lawyer helps you to take the right steps and increase your chances.
Frequently Asked Questions
Which court in the Netherlands will handle my legal case?
The court handling your case depends on the type of case, the amount of the claim, and whether it is an initial trial or an appeal. For example, civil cases over €25,000 go to the civil chamber, while rent disputes up to €25,000 are handled by the cantonal judge.
Do I need a lawyer to appear in court in the Netherlands?
Yes, a lawyer is generally required when you go to the court, Court of Appeal, or Supreme Court, except when dealing with cases before the cantonal judge, where legal representation is often not mandatory.
What is the difference between the Court of Appeal and the Supreme Court?
The Court of Appeal reviews decisions made by the lower courts and can revise facts and law, while the Supreme Court only examines whether legal and procedural rules were correctly applied, without re-evaluating the facts.
How do I know which judge will hear my case?
The judge your case goes to depends on the case type, the claim amount, and whether you are filing an initial case, appeal, or cassation. These factors determine whether your case is heard by a cantonal judge, civil chamber, Court of Appeal, or the Supreme Court.
