Many individuals facing a legal issue wonder: "Which judge handles my case?" The Dutch legal system has different courts: the district court, the Court of Appeal and the Supreme Court. Additionally, within the district court, the subdistrict court handles accessible cases.
In this article, we explain how the judiciary in the Netherlands is structured, what the differences are between the instances and where your case will be heard.
How is the judiciary in the Netherlands structured?
The Dutch judiciary has three levels:
District court – the first instance where cases are heard.
Court of Appeal – handles appeals against district court rulings.
Supreme Court – the highest court in the Netherlands, reviews whether the law has been correctly applied (cassation).
The district court
The district court is where most cases begin. There are 11 district courts in the Netherlands, each with multiple locations. Within the district court, there are different divisions:
Subdistrict court: handles employment cases, rental disputes, consumer cases and claims up to €25,000.
Civil division: handles larger civil cases above €25,000 and complex disputes.
Administrative division: handles disputes between citizens and the government.
Criminal division: handles criminal cases.
Family division: handles cases such as divorce, custody, access and maintenance.
At the district court, a lawyer is often mandatory, except at the subdistrict court.
The Court of Appeal
Do you disagree with a judgment from the district court? In many cases, you can file an appeal with the Court of Appeal.
The court reviews the case anew: both facts and law.
There are 4 Courts of Appeal in the Netherlands (Amsterdam, The Hague, Arnhem-Leeuwarden and 's-Hertogenbosch).
A lawyer is mandatory at the Court of Appeal.
The Supreme Court (cassation)
The Supreme Court is the highest court in the Netherlands.
Does not review the facts again but examines whether the law and procedural rules have been correctly applied.
Only in cases of very specific errors in the application of law or reasoning can the Supreme Court overturn a ruling.
A lawyer at the Supreme Court (cassation lawyer) is mandatory.
What determines which judge handles your case?
That depends on:
The type of case (employment, rental, civil, family, criminal or administrative law).
The amount of the claim (up to or above €25,000).
Whether an appeal or cassation is involved.
Practical examples
Example 1 (rental): A tenant with €3,000 in rent arrears was summoned before the subdistrict court.
Example 2 (employment): An employee with a wage claim of €40,000 had to go to the civil division of the district court.
Example 3 (divorce): A divorce petition was handled by the family division of the district court.
Example 4 (collection): An entrepreneur lost at the district court and appealed to the Court of Appeal. The court overturned the judgment.
Checklist: where will my case be heard?
Monetary claim up to €25,000 → subdistrict court.
Employment case or rental case → subdistrict court.
Civil case above €25,000 → civil division of the district court.
Family law (divorce, custody, access) → family division of the district court.
Criminal case → criminal division of the district court.
Disagree with district court ruling → Court of Appeal.
Review of law only → Supreme Court (cassation).
Common mistakes
Thinking you can always litigate without a lawyer (often mandatory at district court and Court of Appeal).
Not knowing that smaller cases up to €25,000 fall under the subdistrict court.
Filing an appeal too late, causing the judgment to become final.
Expecting the Supreme Court to review the facts again (it does not).
Frequently asked questions (FAQ)
1. What is the difference between the subdistrict court and the district court?
The subdistrict court is part of the district court but handles smaller and more accessible cases.
2. Do I always need a lawyer at the district court?
Not at the subdistrict court; at the other divisions of the district court, usually yes.
3. How many district courts are there in the Netherlands?
There are 11 district courts with multiple locations.
4. Can I appeal every ruling?
No, for small cases below €1,750, no appeal is possible.
5. How long does a procedure at the district court take?
That varies from a few months to over a year, depending on the complexity.
Why Arslan Advocaten?
Experienced in proceedings at subdistrict court, district court, Court of Appeal and Supreme Court
Guiding clients in every phase of the procedure
Clear explanation of chances, costs and risks
Regularly achieve successful results at all instances
Conclusion
The Dutch legal system has multiple levels: district court, Court of Appeal and Supreme Court. Which judge handles your case depends on the nature and scope of the case. A lawyer helps you take the right steps and increase your chances.