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Damages and costs

Damages

What rules and standards govern the calculation and award of damages?

Damages calculations and awards depend on the basis of the claim (eg, tort or breach of contract). Generally, the amount of compensation is determined by comparing the actual situation after the tort or breach of contract with the hypothetical situation that would have arisen without the tort (ie, after proper performance of the contract).

Are damages capped?

Damages are generally not capped or mitigated. If awarding the full amount of damages would have unacceptable consequences (considering the specific circumstances of the case and the defendant), the courts may mitigate the amount of damages, but no less than the amount that is covered by insurance.

Are punitive damages allowed?

Under Dutch law, the courts cannot award punitive damages.

Other remedies

Are any other remedies available?

Instead of damages (in cash) one can claim proper performance of the contract or compensation in kind (eg, the claimant can demand the transfer of shares).

Costs

Who bears the costs of proceedings? Can this burden be shifted in any way?

Each party bears its own costs of proceedings. The winning party will be awarded some compensation for the cost of the proceedings, but these costs are calculated using a fixed table for liquidated costs and will generally concern only a fraction of the actual costs incurred.

How are costs calculated? Does interest accrue on costs?

Costs are calculated at the time of the verdict using fixed liquidated costs for each procedural document and court session. Interest on these costs accrues after the judgment in accordance with the statutory rate of interest.

What rules and procedures apply to the provision of security for costs?

Normally no security for costs is provided. However, a defendant confronted with a claim from a foreign claimant can ask the court to order the claimant to furnish adequate security for the costs (cautio iudicatum solvi).

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