rechtsgeding

Rechtsgeding, often translated as civil litigation, is the term used in Dutch law for the process by which a party brings a dispute before a court to obtain a binding decision. It concerns private law matters between individuals, companies, or organizations, and is distinct from administrative or criminal proceedings. The procedure is governed by the Wetboek van Burgerlijke Rechtsvordering (Dutch Code of Civil Procedure) and typically takes place before a civil court such as a rechtbank (court of first instance) and, on appeal, the gerechtshof (court of appeal).

A typical rechtsgeding begins with the filing of a writ of summons (dagvaarding). The defendant must respond with a written answer. After the exchange of pleadings, the court may schedule a hearing (comparitie van partijen) where the parties present their case; witnesses and experts may be heard. The court then issues a judgment (vonnis) which resolves the dispute and may include orders for performance, damages, or other remedies. Depending on the complexity, there may be additional written rounds or expert reports.

In urgent matters, parties can obtain provisional relief through kort geding, a rapid, temporary order before the main proceedings. Enforcing a judgment usually requires follow-up enforcement measures. The decision can be appealed in higher courts (to the gerechtshof) and, in specific cases, cassation before the Hoge Raad.

Rechtsgeding forms the central mechanism for private disputes under Dutch civil law. It provides a formal, public, and enforceable resolution of rights and obligations, with procedural safeguards such as written submissions, deadlines, and opportunities to contest the claim.