Jurisdiction of the Sub-District Judge at the Amsterdam District Court
The jurisdiction of the sub-district judge at the Amsterdam District Court determines when this specialized judge will rule on your case. This is particularly relevant for smaller civil disputes in Amsterdam, such as consumer purchases up to €25,000, rental issues in the city, and employment disputes. The sub-district judge is accessible: no lawyer required and straightforward procedures. This article explains the rules, with a focus on consumer law for Amsterdam residents.
Legal Basis of the Jurisdiction
The jurisdiction of the sub-district judge is set out in the Code of Civil Procedure (Rv), Articles 96 to 105. Article 96 Rv covers mandatory jurisdiction: cases that must be heard exclusively by the sub-district judge at the Amsterdam District Court, such as employment matters, rental disputes, and claims on term life insurance policies. Article 97 Rv addresses optional jurisdiction for claims up to €25,000 (since July 1, 2023; previously €20,000).
In consumer law in Amsterdam, the sub-district judge often has jurisdiction over purchase agreements or services below the €25,000 threshold. Above this amount, you can choose between the sub-district section or the regular court, but mandatory cases remain with the Amsterdam District Court.
Substantive Jurisdiction: Which Cases in Amsterdam?
Substantive jurisdiction concerns the type of dispute. The sub-district judge at the Amsterdam District Court handles:
- Mandatory jurisdiction for:
- Employment law (dismissal, wage claims at Amsterdam companies).
- Rental law (residential properties in the Jordaan or commercial spaces in De Pijp).
- Consumer purchases of goods/services up to €25,000 (optional, but popular).
- Travel and transport (e.g., cancellation costs for bike rentals in the city).
- Disputes over subscriptions such as NS passes or collection costs.
- Optional jurisdiction for claims up to €25,000, except for exceptions.
For higher amounts or complex cases (e.g., intellectual property), it goes to the Amsterdam District Court. More about small claims at the sub-district court.
| Type of Jurisdiction | Amsterdam Examples | Threshold Amount | Lawyer Required? |
|---|---|---|---|
| Mandatory | Employment, Amsterdam rent, travel contracts | N/A | No |
| Optional | Consumer purchases, invoice disputes | €25,000 | No |
| Exception (regular court) | Real estate > €25,000, family law | > €25,000 | Sometimes yes |
Territorial Jurisdiction: Litigating in Amsterdam?
Territorial jurisdiction determines the location (Articles 99-106 Rv). Normally, the sub-district judge at the defendant's place of residence in Amsterdam has jurisdiction. Exceptions:
- For consumer purchases: claimant's place of residence (Article 101 Rv), ideal for Amsterdam residents.
- Forum selection in contracts (e.g., general terms and conditions).
- Rent: location of the property in Amsterdam-Centre or Oost.
Example: You buy a defective bike online from a company outside Amsterdam, but live in De Baarsjes. Proceed to the sub-district judge at the Amsterdam District Court.
Practical Examples of Consumer Law in Amsterdam
Example 1: Faulty smartphone bought for €800 from an Amsterdam retailer who refuses repairs. Sub-district judge at the Amsterdam District Court (your place of residence) has jurisdiction; serve via bailiff.
Example 2: Gym membership €30/month in a De Pijp gym that closes. Claim €500: optional at sub-district judge, no lawyer required.
Example 3: Package holiday cancelled due to corona, €2,000 loss. Mandatory at sub-district judge at the Amsterdam District Court (travel contract, Article 96 Rv).
For €30,000+, you choose: sub-district or regular court. Mandatory cases stay with the sub-district judge.
Rights and Obligations at the Amsterdam District Court
Rights:
- Low court fees in optional cases.
- Hearing without a lawyer (Article 102 Rv).
- Witness examination at the hearing.
- Appeal to the Amsterdam District Court.
Obligations:
- Select the correct court; otherwise, transfer (Article 108 Rv).
- Properly formulate the claim in the writ of summons.
- Attend the hearing in Amsterdam.
The Unfair Commercial Practices Act provides extra protection for consumers in Amsterdam.
Frequently Asked Questions
Is the Amsterdam sub-district judge always competent for claims under €25,000?
No, optional. Mandatory cases like rent in Amsterdam always go to the sub-district judge, even above €25,000.
Can I choose Amsterdam myself?
Yes, for consumer purchases often claimant's residence. Check Article 101 Rv or writ of summons.
Chosen the wrong court?
The case is transferred (Article 108 Rv), without costs but with delay.
Lawyer needed at Amsterdam District Court?
No, not required. Consult the Amsterdam Legal Aid Office for free advice. More info.
Tips for Amsterdam Residents
- Check jurisdiction on rechtspraak.nl or via the Amsterdam District Court.
- Send a demand letter first for leverage.
- Gather evidence: receipts, emails.
- Try mediation via the Municipality of Amsterdam: faster and cheaper. More about mediation.
- Consumer complaints? Report to ACM or Amsterdam dispute committee.
- Visit the Amsterdam Legal Aid Office for help.
Unsure? Contact the Amsterdam Legal Aid Office. This article was updated in 2023 and contains approximately 1,200 words.
Related articles: Small claims in Amsterdam