Rechtsmacht

Jurisdiction refers to the authority of a court to hear a dispute and adjudicate it. Dutch law distinguishes between national jurisdiction and international jurisdiction; in cross-border matters, the key issue is whether the Dutch courts have jurisdiction.

This concept is significant because a court lacking jurisdiction may not entertain the case, which may result in the claim being declared inadmissible. In practice, jurisdiction is frequently determined by reference to EU regulations such as the Brussels I bis Regulation or to national provisions in the Dutch Code of Civil Procedure.

An attorney therefore always first verifies, at the outset of proceedings, whether the chosen court has jurisdiction, in order to avoid unnecessary costs and delay.