Jurisdiction of the Subdistrict Court Judge in The Hague
The jurisdiction of the subdistrict court judge at the District Court of The Hague determines when this judge handles your civil dispute as a Delft resident. This often includes smaller cases such as consumer purchases up to €25,000, rental issues in Delft's city center, and employment disputes with local employers. The subdistrict court judge provides an accessible procedure: no mandatory lawyer and straightforward steps. This article explains the rules, with a focus on consumer law relevant to Delft residents.
Legal Basis for Jurisdiction
The rules for the subdistrict court judge are set out in the Code of Civil Procedure (Rv), articles 96-105. Article 96 Rv covers exclusive jurisdiction: cases that must be heard exclusively by the subdistrict court judge, such as employment matters, rental disputes, and claims under death risk insurance policies. Article 97 Rv applies to non-exclusive jurisdiction for claims up to €25,000 (since July 1, 2023; previously €20,000).
In consumer law, the subdistrict court judge at the District Court of The Hague handles many sales or service agreements below the €25,000 threshold. Above this amount, you can choose between the subdistrict court or the regular civil division, but exclusive categories remain with the subdistrict court judge.
Subject-Matter Jurisdiction: Appropriate Cases
Subject-matter jurisdiction concerns the type of dispute. For Delft residents, the subdistrict court judge has jurisdiction in:
- Exclusive jurisdiction for:
- Employment law (e.g., dismissal at TU Delft or local companies).
- Rental law (properties in Delft).
- Consumer purchases up to €25,000 (often the preferred option).
- Travel and transport disputes (cancellation of package tours).
- Issues with subscriptions or collections from Delft suppliers.
- Non-exclusive jurisdiction for claims under €25,000.
For larger amounts or complex matters such as intellectual property, it falls under the regular civil court. More about small claims at the subdistrict court.
| Jurisdiction Type | Examples (Delft) | Threshold Amount | Lawyer Required? |
|---|---|---|---|
| Exclusive | Employment, Delft rentals, travel | N/A | No |
| Non-exclusive | Consumer purchases, local invoices | €25,000 | No |
| Exception (civil court) | Properties > €25,000, family law | > €25,000 | Sometimes yes |
Territorial Jurisdiction: Location in the The Hague Region
Territorial jurisdiction designates the location (articles 99-106 Rv). Normally, the subdistrict court judge at the defendant's domicile has jurisdiction, but for Delft, it is the District Court of The Hague. Exceptions:
- For consumer purchases: claimant's domicile (article 101 Rv), ideal for Delft residents.
- Forum selection in contracts (e.g., general terms and conditions).
- Rentals: location of the property in Delft.
Example: You buy a defective bicycle online from a shop in Rotterdam but live in Delft. Proceed to the subdistrict court judge at the District Court of The Hague.
Practical Examples for Delft Residents
Example 1: Defective laptop bought for €900 from a Delft retailer. No repair? The subdistrict court judge at the District Court of The Hague (your region) has jurisdiction; use a bailiff for the writ of summons.
Example 2: Subscription at a Delft gym (€35/month) ends abruptly. Claim €600: non-exclusive jurisdiction at the subdistrict court judge, handle it yourself without a lawyer.
Example 3: Canceled bike holiday due to COVID, €1,800 loss. Exclusive jurisdiction at the subdistrict court judge (travel agreement, article 96 Rv).
If the claim exceeds €30,000? Choose subdistrict court or civil court, except for exclusive matters.
Rights and Obligations at the Subdistrict Court
Rights:
- Low court fees for claims under €25,000 in non-exclusive cases.
- Hearing without a lawyer (article 102 Rv).
- Witness examination possible.
- Appeal to the civil court.
Obligations:
- Select the correct court; errors lead to referral (article 108 Rv).
- Properly formulate the claim in the writ of summons or application.
- Attend the hearing, or risk suspension.
Consumer law provides extra protection under the Unfair Commercial Practices Act.
Frequently Asked Questions for Delft
Does the subdistrict court judge always have jurisdiction under €25,000?
No, it is non-exclusive. Exclusive matters like Delft rentals always go to the subdistrict court, even above €25,000.
Can I choose the location myself?
Yes, for consumer purchases often your domicile in Delft (article 101 Rv). Check writ of summons or Legal Aid Office Delft.
Wrong court selected?
Referred without costs (article 108 Rv), but with delay.
Lawyer needed?
No at the subdistrict court. Consult Legal Aid Office Delft for free advice. More info.
Tips for Delft Residents
- Check jurisdiction on rechtspraak.nl or via District Court of The Hague.
- Send a demand letter first for leverage.
- Gather evidence: receipts, emails.
- Try mediation via Municipality of Delft: faster and cheaper (Mediation info).
- Report complaints to ACM or local dispute committee.
Unsure? Call Legal Aid Office Delft for free help. This article was updated as of 2023 and contains approximately 1,200 words.
Related articles: Small claims