dwangsommen

Dwangsommen are coercive penalties used in Dutch law to compel compliance with an obligation. A dwangsom is a monetary amount that a court or administrative authority can declare payable if a person fails to comply with a judgment, injunction, or other binding order. The primary purpose is to secure timely compliance rather than to punish fault.

How it works in practice: when issuing an order, the court can specify the amount of the dwangsom per time unit (for example, per day) and may set a maximum total sum. The dwangsom becomes due if the obligated party does not meet the requirement within the specified term. The obligation to pay continues until the required action is performed or until the maximum amount is reached. If the obligation is eventually fulfilled, the remaining dwangsom typically ceases to accrue.

Enforcement and administration: dwangsommen are generally collected through ordinary enforcement channels, often via a bailiff. They can be enforced alongside other remedies, and in some cases the court can convert non-compliance into a payment to the state up to the defined limits. The enforcement is aimed at ensuring compliance rather than punishing the person for wrongdoing.

Adjustment and relief: a party can request modification or termination of a dwangsom if continuing the penalty would cause disproportionate hardship or if the obligation becomes impossible to perform due to circumstances beyond the party’s control. The court may reduce the per-day rate, lift the dwangsom, or suspend it under certain conditions.

Relation to other penalties: a dwangsom differs from a criminal or administrative fine in that its purpose is to induce compliance with a court or statutory order, not to punish conduct. It is commonly used in civil matters, including injunctions, orders to stop nuisance, or requirements to take specific actions.