The ‘Regelrechter’: faster and simpler litigation for entrepreneurs
Good news for business owners who want to resolve legal conflicts without a lengthy and costly process. From March 1, 2025, litigants will be able to go to the new ‘Regelrechter’. This experiment, being conducted at the courts of The Hague, Overijssel, Rotterdam and Zeeland-West Brabant, is designed to settle simple civil cases quickly and easily.
This offers a solution for SMEs with disputes about money claims up to €5,000, or disputes in the areas of labor relations (except dismissal), rent, private construction or store (sale) sales. But how does the procedure work and what do you need to consider as an entrepreneur? In this article, I will explain.
What is the rules judge
The ‘Regelrechter’ is a low-threshold alternative to the regular district court and allows business owners to start a case without a lawyer or bailiff. The procedure is simple: a litigant submits a form digitally and the judge handles the case orally.
During this hearing, the court considers whether the parties can reach a solution together. If they cannot, the judge makes a decision immediately or as soon as possible thereafter. It is in fact a simplified form of a lawsuit in the district court. Litigation based on a form, read the forms (all in Dutch) here yourself for all four courts, specifically for The Hague and for Rotterdam for a concrete picture of how the procedure works.
An important difference from previous experiments is that participation is mandatory for the defendant party. This prevents a dispute from becoming deadlocked because the other party does not appear. In addition, the ‘Regelrechter’ provides litigants with clear information about the procedure and litigants can count on support, such as a free interpreter if needed.
Benefits for entrepeneurs
For SMBs dealing with unpaid invoices, arrears or employment law disputes (excluding severance cases), the rules court can be an attractive option. Benefits include:
- Faster processing: quicker hearing.
- Lower costs: no mandatory attorney or legal fees for litigation documents.
- Clear communication: litigants are informed about the process and their case in an accessible, understandable way.
Importance of legal advice
Although the ‘Regelrechter’ is accessible without legal representation, it remains essential to seek expert advice in advance. An incorrect position taken in the proceedings can have far-reaching consequences and, in many cases, cannot be easily corrected. Consider a business owner who submits a claim but has insufficient substantiation. Or an employee who acknowledges in court that he has done something that constitutes grounds for dismissal. Proper preparation and possibly guidance are crucial to avoid pitfalls.
As a law firm, we advise business owners and individuals prior to litigation in the regulatory courts. We assess your legal position and help you build a strong case. This avoids unnecessary risks and increases your chances of success.
Experiment with future
The introduction of the ‘Regelrechter’ is the first experiment under the Temporary Experiments in Justice Act and will run for three years. During this period its effectiveness will be evaluated, and it will be assessed whether the procedure can be permanently introduced in all courts. It is expected that in the future this form of easily accessible justice will have a permanent place within the Dutch legal system.
Are you considering proceedings? Get in touch
Do you have questions about the above developments and are considering approaching the regulatory courts? Our specialized attorneys will be happy to assist you. Please contact one of our lawyers by email, telephone or fill out the contact form for an initial discussion without obligation. We will be happy to think along with you.