Jurisdiction of the Subdistrict Judge at the District Court of Rotterdam
The jurisdiction of the subdistrict judge at the District Court of Rotterdam determines when this specialized judge in Rotterdam will handle your dispute. This is ideal for smaller civil cases in the region, such as consumer purchases up to €25,000, rental issues in Rotterdam properties, and employment disputes with local employers. The subdistrict judge offers an accessible approach: no lawyer required and fast procedures. This article explains the rules, with a focus on consumer law for Rotterdam residents.
Legal Basis of the Jurisdiction
The rules on the jurisdiction of the subdistrict judge are set out in the Code of Civil Procedure (Rv), Articles 96 to 105. Article 96 Rv covers mandatory jurisdiction: cases that must be brought exclusively before the subdistrict judge of the District Court of Rotterdam, such as employment matters, rental disputes, and claims on death risk insurance policies. Article 97 Rv addresses elective jurisdiction for claims up to €25,000 (since July 1, 2023; previously €20,000).
In consumer law in Rotterdam, the subdistrict judge is often the forum for purchase agreements or services below the €25,000 threshold. For higher amounts, you can choose between the subdistrict section or the regular court, but mandatory cases remain with the subdistrict judge.
Substantive Jurisdiction: Which Cases in Rotterdam?
Substantive jurisdiction concerns the type of dispute. The subdistrict judge at the District Court of Rotterdam handles:
- Mandatory jurisdiction for:
- Employment law (dismissal at Rotterdam companies, wage claims).
- Rental law (apartments in Rotterdam-South or commercial spaces in the port area).
- Consumer purchases up to €25,000 (often the preferred option).
- Travel and transport (cancellation of RET subscription or package tour).
- Disputes over subscriptions such as gyms in Kralingen or debt collection.
- Elective jurisdiction for claims up to €25,000.
For larger claims or complex matters such as intellectual property, jurisdiction lies with the broader district court. More about small claims at the District Court of Rotterdam.
| Type of Jurisdiction | Examples in Rotterdam | Threshold Amount | Lawyer Required? |
|---|---|---|---|
| Mandatory | Employment at port companies, rent in Kralingen | N/A | No |
| Elective | Consumer purchases, invoices from local shops | €25,000 | No |
| Exception (district court) | Housing > €25,000, family law | > €25,000 | Sometimes yes |
Territorial Jurisdiction: Litigating in Rotterdam?
Territorial jurisdiction determines the location (Articles 99-106 Rv). Normally, the subdistrict judge at the defendant's domicile has jurisdiction, such as in Rotterdam. Exceptions for Rotterdam residents:
- Consumer purchases: plaintiff's domicile (Article 101 Rv), beneficial for residents.
- Forum selection in contracts (e.g., terms of Rotterdam retailers).
- Rent: location of the property in Rotterdam-West.
Example: You buy a defective bicycle from a webshop in The Hague, but live in Rotterdam-Feijenoord. File your case with the subdistrict judge at the District Court of Rotterdam.
Practical Examples of Consumer Law in Rotterdam
Example 1: Defective smartphone for €800 from a Rotterdam electronics store. The salesperson refuses repair. The subdistrict judge at the District Court of Rotterdam (your domicile) has jurisdiction; serve a writ of summons via bailiff.
Example 2: Fitness subscription €30/month in Rotterdam-North, gym closes due to bankruptcy. Claim €500: elective jurisdiction at the subdistrict judge, handle it yourself without a lawyer.
Example 3: Package tour to the port city cancelled due to COVID, €2,000 loss. Mandatory jurisdiction at the subdistrict judge (travel agreement, Article 96 Rv).
Does the claim exceed €30,000? Choose subdistrict or district court, but mandatory cases stay at the District Court of Rotterdam.
Rights and Obligations at the District Court of Rotterdam
Rights:
- Lower court fees for claims under €25,000 in elective cases.
- Hearing without a lawyer (Article 102 Rv).
- Witness examination at the hearing.
- Appeal to the District Court of Rotterdam.
Obligations:
- Select the correct court; errors lead to referral (Article 108 Rv).
- Properly formulate the claim in the writ of summons.
- Attend the hearing at the District Court of Rotterdam, or risk suspension.
Consumers in Rotterdam benefit from the Unfair Commercial Practices Act.
Frequently Asked Questions Rotterdam
Is the subdistrict judge in Rotterdam always competent for claims under €25,000?
No, elective. Mandatory cases such as rent in Rotterdam always go to the subdistrict judge, even above €30,000.
Can I choose the District Court of Rotterdam myself?
Yes, for consumer purchases often your domicile. Check Article 101 Rv or writ of summons info.
Wrong court chosen in Rotterdam?
The case is referred (Article 108 Rv), without extra costs but with delay.
Lawyer needed at the District Court of Rotterdam?
No, not mandatory. Consult the Juridisch Loket Rotterdam for free advice. More info.
Tips for Rotterdam Residents
- Check jurisdiction on rechtspraak.nl or via the District Court of Rotterdam tool.
- Send a demand letter first to put pressure on Rotterdam companies.
- Gather evidence: receipts from Lijnbaan shops, emails.
- Try mediation via the Municipality of Rotterdam: faster and affordable (Mediation info).
- Report complaints to the ACM or local dispute committee.
- Visit the Juridisch Loket Rotterdam for personal assistance.
Unsure? Contact Arslan Advocaten for a free initial consultation in Rotterdam. Article approximately 1,200 words, updated 2023.
Related articles: Small claims Rotterdam