Frequently Asked Questions

The NCC is a state court, established by the Government of the Netherlands. It is a part of the Dutch Judiciary (a chamber in the Amsterdam District Court and the Amsterdam Court of Appeal). For more information on the differences between arbitration and litigation before the NCC, read our Fact Sheet (pdf, 369 KB).

Many vibrant, innovative companies are located in Amsterdam, including major corporations, home-grown start-up enterprises and arrivals from around the globe. And many top-tier financial institutions and law firms also call Amsterdam home. Of course, the proximity to Schiphol Airport is another reason why Amsterdam was selected as the NCC’s home.

Read our Fact Sheet (pdf, 123 KB) on this topic

See Jurisdiction and NCC agreement

Yes, read our Fact Sheet (pdf, 184 KB). You may also wish to download (free) our translation of the recently adopted legislation on class actions (pdf, 237 KB) in the Netherlands.

Yes. The only exception is where the subject matter is within the exclusive jurisdiction of another Dutch court or of the Subdistrict Court. In the Netherlands, for some areas of IP law the The Hague District Court has exclusive jurisdiction. For example, disputes regarding patents, plant variety rights, EU trademark and design rights, and other specific IP issues. See the The Hague District Court website (Dutch) for more information. However, it must be noted that summary proceedings regarding EU trademark and design rights can be brought before the NCC (European Court of Justice, 21 November 2019, C-678/18). So IP cases regarding copyright or trademark infringement can generally be brought before the NCC, including summary proceedings seeking emergency relief.

It depends on the matter at hand. Read our Fact Sheet (pdf, 198 KB).

The Subdistrict Court has exclusive jurisdiction over certain claims (Article 93 Dutch Code of Civil Procedure (DCCP):

1. claims amounting to no more than € 25,000, including interest accruing up to the date of the writ of summons, unless the legal title exceeds that amount and that legal title is disputed;
2. claims of undetermined value and where there are clear indications that the value of the claim does not exceed € 25,000;
3. cases pertaining to specific agreements, irrespective of the amount or value of the claim, such as employment contracts, agency, rental/lease, and/or consumer sale/purchase/credit agreements;
4. other cases where this is provided by law.

Pursuant to article 30r DCCP, Subdistrict Court cases cannot be dealt with by the NCC.

Read our Fact Sheet (pdf, 173 KB) on this topic.

There are two points here: jurisdiction and applicable law. The NCC has jurisdiction where the Amsterdam District Court has jurisdiction under the ordinary private international law rules. These rules determine whether (and, if so, to what degree) there is a need for a connection to (the legal system of) the Netherlands. Next, the applicable law. Again, the ordinary private international law rules designate the law applicable to the case. The NCC is well-equipped to apply foreign law.

Yes, see Model clause

Yes. There are several ways parties can limit their proceedings to only one instance of fact. First, they can agree – before or during the proceedings – to waive their right to appeal (Article 333 the Dutch Code of Civil Procedure (DCCP), provided the case involves no legal consequences beyond their autonomy to agree.

Second, prorogation to the NCC Court of Appeal is also possible, under the same restriction (Article 329 DCCP).
Prorogation to the NCC District Court in Subdistrict Court cases is not an option, as the NCC cannot deal with Subdistrict Court matters (Articles 30r and 96 DCCP).

See Initiating an action

Yes. The case must meet the general requirements for NCC cases (see article 1.3 of the NCC Rules of Procedure and the Explanatory Notes on this Article). The request must generally be a unanimous request by the parties.
To request a referral, make a motion before the other court stating the request and contesting jurisdiction on the basis of a NCC agreement made for purposes of the request. See our Model Clause.
Where the case is pending before another chamber of the Amsterdam District Court, you may do so as well.

Yes. Visiting lawyers who are a member of the Bar in an EU or EEA Member State or Switzerland, can perform the same duties as a Dutch lawyer, provided they work in conjunction with a member of the Dutch Bar. This does not apply to visiting lawyers from other jurisdictions, but these lawyers may and generally will be allowed to speak at any hearing. Furthermore, there is no legal impediment for these lawyers to be involved in drafting submissions to the court. All other work can be done only by a lawyer registered with the Netherlands Bar Association.

In general, parties need to be represented by a Dutch lawyer (Article 79 the Dutch Code of Civil Procedure (DCCP). In the limited number of cases where parties may act pro se, the Court will provide an appropriate solution on a case-by-case basis.

See Initiating an action

Virtual case management hearings are an important tool in the case management/scheduling toolbox, and experience in 2020 indicates such hearings may help expedite the proceedings, where appropriate.

The four main points are judgments, hearings, the case file and document disclosure. NCC judgments are published, creating a body of case law that helps everyone know what to expect. Any information that directly identifies natural persons is redacted. Hearings are in public. Only in exceptional circumstances will the court order all or part of the hearing to take place in private or allow only certain persons to attend. Such circumstances include:

1. public policy or good morals
2. the security of the State;
3. the interests of minors or the privacy of parties; or
4. the sound administration of justice.

The case file is confidential. So submissions, motions and exhibits are not published or disclosed to third parties.
Finally, document disclosure is generally proportionate and limited in scope and, in any event, is not required if there are compelling reasons opposing disclosure. And, following EU Directive 2016/943 on the protection of undisclosed know-how and business information, procedures have been introduced to protect trade secrets.

No. Documents in Dutch, German or French need not be translated, except where the court directs otherwise (Article 2.1.2 NCC Rules). Other languages will be dealt with on a case-by-case basis, and the Court will give an appropriate ruling for the sound administration of justice.

No. However, NCC’s Glossary on Dutch procedural terminology is available for on ncc.gov.nl at no charge. See Procedure/Rules

In general, the NCC will apply the evidence rules of the Dutch Code of Civil Procedure (DCCP). However, Article 153 DCCP allows the parties in an NCC case to enter into an evidentiary agreement which, for purposes of their dispute, will replace the ordinary law of evidence. Such an agreement is enforceable except where by law the parties are not allowed to make their own arrangements (e.g., certain corporate or insolvency issues), or where the ordinary Civil Code rules provide otherwise. Two of these rules are article 6:248 (reliance on a clause is unacceptable in the specific circumstances) and article 6:233 et seq. (a clause in general terms and conditions is unreasonably onerous).
Article 8.3 of the NCC Rules deals with evidentiary agreements.

Yes, appeals against NCC District Court judgments are dealt with by the appeals chamber (NCC Court of Appeal, NCCA) in English. This covers the entire proceedings, including documents, hearings and judgments.
In special types of cases NCCA is not an appeals chamber, but a first-instance forum. For example, where a party seeks a declaration that a collective settlement is universally binding, or submits a claim to set aside an arbitral award. NCCA will deal with such cases in English.

See Costs

See Enforcement

See information

How do I get access to eNCC?

Only lawyers and lawyer’s assistants have access to eNCC. The Netherlands Bar Association (NBA) card for lawyers ('A-pas') or for lawyer’s assistants ('G-pas') is used to log in.

What can I use eNCC for?

To communicate with the court, keep track of progress and upload and download documents in court cases.

Why was I automatically logged out?

If you stay on the same eNCC page for 15 minutes, eNCC logs you out automatically for security reasons. But first, you will get a message that prompts you to click to stay logged in.

What does eNCC do with my personal data?

See the privacy statement on www.rechtspraak.nl.

Can non-Dutch lawyers use eNCC?

Only lawyers who have an NBA membership card, and their assistants, can log in to eNCC. Other lawyers cannot log in.

If I must submit documents electronically in a case, can I submit documents by fax, post or email in that case?

No. However, the court may ask you to submit an original document or a hard copy. 

I sent a message in eNCC. How can I be sure eNCC received it?

You get a confirmation of receipt for everything that you send in eNCC. You can download the confirmation of receipt and save it on your computer. In addition, you can view whatever you sent in eNCC in Messages and in the Case File.

What time does eNCC use as the time my messages or documents are received?

It’s the time when eNCC receives everything in your messages or documents. It’s not the time you start sending your messages or documents. The time of receipt is stated on the confirmation.

I have a deadline to initiate an action or submit a document. What is the deadline for submitting something in eNCC?

Anything you send must be received in eNCC before midnight on the deadline date.

Does eNCC remember data I have entered but not sent?

Yes, unsent data are retained for 72 hours. In that window, if you log in, eNCC will ask whether you would like to keep working on the retained data or delete these data.

Can I withdraw a message or document in eNCC?

No. Once you send a message or document in eNCC, you cannot withdraw it.

How can I find a case, message or document in eNCC?

To sort cases, messages and documents, click on the column titles. For example, you can sort a case file by date (ascending and descending). But don’t forget the case file may be several pages. There is no way to search for information in the PDF files, but in parts of the case file (i.e., exhibits and documents in the referring court and lower court tabs), you can use a search term to search file names.

Can everyone with access to the case file view all messages and documents in the file?

Yes. There are a few exceptions. See confidentiality below.

How are messages and documents that I submit in eNCC signed?

The identification linked to the NBA membership card determines who is treated as the signatory that submitted a message or document. See the Digitization of Civil and Administrative Law Decree (Besluit digitalisering burgerlijk procesrecht en bestuursprocesrecht) of 13 July 2016 (Stb 2016, 292).

I’m not a lawyer. Can I authorise someone who is not a lawyer to do something in eNCC?

No. Only a lawyer has access to eNCC.

I’m a lawyer. How can I do something in eNCC?

Log in using your NBA membership card.

How are messages and documents that I submit in eNCC signed?

The identification linked to the NBA card (for lawyers or their assistants) determines who is treated as the signatory that submitted a message or document. See the Digital Proceedings Decree (Besluit elektronisch procederen) of 15 October 2020 (Stb 2020, 410).

I'm not a lawyer. Can I authorise someone who is not a lawyer to do something in eNCC?

No. Only a lawyer or lawyer's assistant has access to eNCC.

I'm a lawyer or a lawyer's assistant. How can I do something in eNCC?

Log in using your NBA card for lawyers ('A-pas') or lawyer's assistants ('G-pas').

I can log in, but I can’t see a case file. Why not?

Your case file will be available after the court gives you access to it.

I initiated an action in eNCC. Will I immediately get a case number and access to the case file?

No. First, the court will process the new case. After the court processes your originating document and creates a case, the case file will be available on the “Cases” page and the case number will be posted in eNCC.

How long does it take before I can view a new case in eNCC?

Typically, your message to initiate an action will be processed on the next business day. At that time, the new case is viewable in eNCC under its case number. 

I sent a document in eNCC. Now I’m seeing a different name in the case file. Why?

eNCC automatically names documents. It assigns a standard name that tells you what the document is. So the name matches the eNCC document type. Nothing changes in the document’s content.

I sent a document in eNCC and used a document type. Now, I’m seeing a name in the case file that reflects a different document type. Why?

The court can modify the document type after the document is submitted. Nothing changes in the document’s content. Sometimes, the court needs to modify the document type to show what the content is in the case file.

Is there a time limit for when I can view a case file in eNCC?

The case file is available in eNCC for six months after the final adjudication in the case by the court. You will not be notified when the case file is deleted in eNCC.

How can I find out if there are new messages or documents in my case?

Everyone who has access to a case file can get notifications. A notification is an email that tells you something’s changed in the file. You must log in to eNCC to see what it is.

Can I edit my email address for notifications?

No. Your notifications are sent to your current email address in the Netherlands Bar Association’s records.

What email address does eNCC use to send notifications?

The email address is: no-reply@ncc.rechtspraak.nl. You can forward emails from this address to whatever email addresses you decide. Check your email programme for details.

Can I turn off notifications?

Yes. Log in to eNCC and edit the notification settings in your profile.

What browser can I use to access eNCC?

To optimise your eNCC experience, we recommend using the latest version of any common browser. eNCC works in Internet Explorer version 10.0 and higher, and in the current and previous versions of Edge, Firefox, Safari and Chrome. Chrome is supported on the Android operating system version 6.0 and higher.

What types of files can I send in eNCC?

Only pdf extension documents. To keep information secure and facilitate electronic archiving, eNCC converts documents you submit to pdf/a format.

What is the maximum size of files that I can send in eNCC?

The maximum size for each file is 15 MB. If you’re scanning a document and you end up with a file that’s larger than 15 MB, check your scanner settings as you can usually adjust the size.

What information does the court record when I use eNCC?

Information security events and user activity are recorded in audit log files. See the Central Government’s Information Security Baseline and Article 2 of the Digitization of Civil and Administrative Law Decree of 13 July 2016 (Stb 2016, 292).

Does eNCC store cookies on my computer when I use it?

Yes. Information is available on the Cookies page. 

What are the updated naming conventions for exhibits and documents uploaded from another court, after the December 2018 and July 2021 updates?

December 2018 update.
The updated naming convention for exhibits is:
  ABCD-1234[space][free text up to 50 characters]
 (four letters indicating the submitting party's name, dash, four numbers indicating the exhibit number, space, free text up to 50 characters).
This updates and modifies article 4, 3.2, eNCC Rules, Annex IV to the NCC Rules, Stcrt. 2018, 71572, 20 December 2018.
To fill the free text space, name your PDF file before uploading. eNCC will automatically use your PDF file name to fill the free text space. 

July 2021 update.
The updated naming convention for documents uploaded from another court is: YYYYMMDD[space][free text up to 50 characters] (four letters indicating the year, two numbers indicating the month, two numbers indicating the day, space, free text up to 50 characters). This updates and modifies article 4, 3.2, eNCC Rules, Annex IV to the NCC Rules. To fill the free text space, name your PDF file before uploading. eNCC will automatically use your PDF file name to fill the free text space. The “other court” may, for example, be a lower court or a referring court. To make this upload easier, please see the note below on downloading files from eNCC.

NOTE ON DOWNLOADING FILES FROM eNCC 

You can download files from the Case File tab, the Exhibits tab, the Referring Court tab or the Lower Court tab. To do this, please use the “Download files” button in the lower part of the screen. 

Any files you download from the Case File tab using the “Download files” button will automatically generate a new name using this convention: YYYYMMDD [text from the Subject column in eNCC]. (The date is the date the document was received by eNCC. Characters not allowed in file names are removed.) You can upload these files to the Lower Court or Referring Court tab. This is an easy way to submit the District Court case file to the Lower Court tab in an NCC Court of Appeal case. 

Any files you download from the Exhibits tab, the Referring Court tab or the Lower Court tab using the “Download files” button will automatically generate a name identical to the file name (File name column) in eNCC. This name will not include any notes in the Notes column in eNCC. After downloading, you can upload to the equivalent tab (exhibits to the Exhibits tab, etc.) in a separate case in eNCC, such as an appeal case.

If you no longer have eNCC portal access (portal access is withdrawn six months after the case is closed), please contact the Registry. 

If you encounter any issues with these topics, please contact the Registry. We continue to improve eNCC features as cases are dealt with and experience suggests new solutions.

Where can I find information about scheduled maintenance and technical service interruptions?

At

Netherlands Commercial Court (gov.nl).

I have to submit documents electronically. I’m up against a deadline. eNCC is down. What can I do?

If you’re unable to use eNCC, contact the court. If service is interrupted and you miss a deadline, keep trying and make the submission as soon as possible. The court will review whether the time limit violation is imputable to you.

What should I do if I am unable to log in?

Go to the Netherlands Bar Association’s website for information on how to use the membership card.

What should I do if my browser displays a message about the security certificate?

Older browser versions and platforms may display a message about the security certificate. This could be because the requisite government Public Key Infrastructure (PKIoverheid - PKI) root certificate is not found. In that case, you need to install it. Information about browser support for the PKI root certificate is available on www.logius.nl.

Can I act pro se in eNCC actions by claim?

Generally, as in most District Court cases, you must be represented by a lawyer, so the answer is no. However, there are exceptions. An important exception is that if you are a defendant in summary proceedings in first instance, you can speak at the hearing and present a defence without a lawyer. But even so, only lawyers have access to the case file in eNCC. Other exceptions involve applications and Subdistrict Court cases.

I need a lawyer who can act on my behalf. How can I find one?

The Juridisch Loket provides information about engaging a lawyer. If you are unable to locate a lawyer to act on your behalf, you can contact the Netherlands Bar Association.

What does an action cost?

When you appear in an action by claim, you must pay a court fee under the Court Fees (Civil Cases) Act (Wet griffierechten burgerlijke zaken). For details, go to www.rechtspraak.nl and use the search term “griffierecht”.

Do I have to pay the court fee online in eNCC?

No. eNCC does not process payments. To get information on how to pay the court fee, go to www.rechtspraak.nl and use the search term “griffierecht”.

I have received a notice to appear in an eNCC action. Can I defend myself?

Generally, as in most District Court cases, you must be represented by a lawyer, so the answer is no. However, there are exceptions. An important exception is that if you are a defendant in summary proceedings in first instance, you can speak at the hearing and present a defence without a lawyer. But even so, only lawyers have access to the case file in eNCC. Other exceptions involve applications and Subdistrict Court cases.

Can I access the case file?

No. Your lawyer can view and download the case file after the court gives your lawyer access.

How do I initiate an action in eNCC?

Use the button “Initiate an action” and follow the instructions. Don’t forget you must pay a court fee under the Court Fees (Civil Cases) Act. You owe the court fee when you initiate the action. For details, go to www.rechtspraak.nl and use the search term “griffierecht”.

I’m initiating an action (i) in first instance after a referral or (ii) in an appeal. Do I have to upload all of the referring court’s judgments, or documents from the first instance court?

Yes. There are two ways to do this. The first option is to use the “Upload case file from other court” button in the case file. eNCC will put your documents in the Referring Court or Lower Court tab in the case file. Remember you must use the naming convention (see the eNCC Rules). The second option is to create a message. Submit a brief. Attach, as an exhibit, the referral judgment or the judgment you are challenging in the appeal. You must comply with the naming convention for exhibits. Whichever option you choose, if these documents aren’t available, explain why not.

In my case, someone has submitted an originating document and there are several defendants. How many notices to appear does the court post in eNCC?

The court posts one notice to appear in each case. The notice to appear, combined with the originating document, imply to which defendant(s) the notice pertains.

How do I request a default judgment?

Make a motion in eNCC to request a default judgment. If you have served a writ, include a copy as an exhibit. Send the original writ by post to the clerk. You will get it back when the case is over.

How can I object to the court fee?

Make a motion in eNCC to object to the court fee.

How can I represent a party in an action?

Only lawyers can represent a party. Use the button “Notice of representation” and follow the instructions to explain which party you are representing. eNCC also allows you to specify whether you are joining another lawyer for the same party, or replacing a lawyer.

How can I represent a defendant?

Only lawyers can represent a party in a case. Use the button “Notice of representation” and follow the instructions to explain which party you are representing. eNCC also allows you to specify whether you are joining another lawyer for the same party, or replacing a lawyer. The court determines whether a defendant has appeared and what the next step will be.

How can I enter an appearance after initially failing to appear?

In eNCC, use the button “Notice of representation” and follow the instructions.

Can I use eNCC to ask for someone to be added to a pending action?

Yes. Make a motion to add a party. The court will decide whether to allow the party to be added and whether to allow access to eNCC.

My client would like to join or intervene in a pending action. What should I do?

In eNCC, use the “Notice of representation” button to enter an appearance. Make a motion to be added on a party’s side (motion: add party) or to be added as a third party (motion: add as third party).

My client has been given notice to appear for indemnity or contribution. What should I do?

In eNCC, use the “Notice of representation” button to enter an appearance.

My client needs immediate provisional relief. I’d like to ask the CSP to order an interim measure. What should I do?

Complete a Scheduling Request Form. It’s available on ncc.gov.nl. Initiate an action in eNCC. Submit your draft or final originating document. Attach the Scheduling Request Form as a cover letter. The cover letter is the box under “originating document” in eNCC.

How do I carry out an act of process in eNCC?

Use the button “Create a message” in the case file. Next, you will see a list of acts of process and other messages. You can tick whatever acts of process you would like to carry out. Depending on your choices, you may be able to add an explanation and/or add documents and exhibits.

I’ve submitted a statement or brief. Can everybody in the case view it immediately?

Yes. Every lawyer who has access to the case file can view it immediately as soon as eNCC finishes processing the submission.

I would like to submit a document that I think should not be viewed by everyone who has access to the case file. What should I do?

Make a motion for confidentiality (motion: confidentiality) in eNCC. See the eNCC Practice Directions. Documents and exhibits you submit are not viewable by anyone else in the case.

How do I ask for more time?

Make a motion in eNCC. Use the button “Create a message” in the case file. Next, eNCC will display a list of acts of process and other messages. If you select “brief”, eNCC will create a field where you may enter text to ask for more time and explain how much more time you need, and why. eNCC allows you to add a document or exhibits, but this is not required.

I’m preparing for a hearing. I would like to read from a written text (speaking notes) at the hearing. Can I upload the text in eNCC?

Yes. But first, ask the presiding judge in the chamber what you will be allowed to do at the hearing. The court may ask you to upload your text in advance, or during the hearing. The court may also ask you to submit your text to the presiding judge in hard copy at the hearing. Don’t forget eNCC may need some time to process large files.

How do I ask the court to issue a judgment?

Use the button “Create a message” in the case file. Next, eNCC will display a list of acts of process and other messages. If you select “brief”, eNCC will create a field where you may enter text to ask for a judgment. eNCC allows you to add a document or exhibits, but this is not required.

I would like to submit a message or document that is not listed in eNCC. What should I do?

Use the “Create a message” button in the case file. Next, eNCC will display a list of acts of process and other messages. If your message or document is not on the list, choose the final option in the list, marked “Other”. eNCC will create a field where you can enter text and add documents.

I’m a lawyer in a case. How will I receive the judgment?

The court will post the judgment in eNCC. If the judgment is issued in the form required for enforcement, the court will send it to the lawyer in hard copy.

What happens if I don’t have an NBA registration?

You don’t have access to eNCC. This applies even if you have temporarily lost your registration status.