dwangsom

Dwangsom, literally a coercive sum, is a monetary penalty used in Dutch law to compel compliance with a court order, decision, or other legally binding obligation. It is intended as a tool to secure timely and effective performance rather than as punishment for wrongdoing. Dwangsom can be imposed in civil proceedings as well as in administrative enforcement, for obligations such as delivering documents, stopping an nuisance, complying with a building or environmental permit, or fulfilling duties in a family or civil case.

How it works. The penalty is fixed by the court or administrative authority and is usually configured as a daily rate or per-violation amount, often with a maximum limit. The dwangsom starts running once the obligation should have been fulfilled and continues until compliance is achieved. If the obligated party complies, the dwangsom stops accruing. If noncompliance persists, the penalty can continue to accumulate and may be collected through enforcement channels, such as a bailiff. In some cases, the court may adjust or suspend the dwangsom upon showing of hardship or other compelling reasons.

Dwangsom vs. boete. It is distinct from a traditional fine (boete) because its primary purpose is to secure compliance with an obligation rather than to punish a defined offense. It is a procedural instrument used to induce action or inaction as required by a judgment or decision. The exact rules governing dwangsom, including how it is set, enforced, and potentially reduced or revoked, depend on the jurisdiction and the specific context of the obligation.

Examples of use include environmental compliance orders, construction or demolition mandates, or requirements to provide information or access. The device serves to deter delay and ensure timely adherence to legal obligations.