Jurisdiction of the Sub-District Judge, District Court Utrecht
The jurisdiction of the sub-district judge at the District Court Utrecht determines when this specialized judge handles your dispute. This is ideal for smaller civil cases in Utrecht, such as consumer purchases up to €25,000, rental issues in the city or employment disputes with local employers. The sub-district judge offers an accessible approach: no mandatory lawyer and fast procedures. This article explains the rules, with emphasis on consumer law for Utrecht residents.
Legal Basis of the Jurisdiction
The rules for the sub-district judge are set out in the Code of Civil Procedure (CCP), articles 96-105. Article 96 CCP provides for mandatory jurisdiction: cases that must be heard exclusively by the sub-district judge of the District Court Utrecht, such as employment matters, rental disputes and claims under death risk insurance policies. Article 97 CCP covers elective jurisdiction for claims up to €25,000 (since 1 July 2023; previously €20,000).
In consumer law, the sub-district judge in Utrecht often has jurisdiction over purchases or services up to €25,000. Above that threshold, you can choose between the sub-district court or the regular district court, but mandatory cases remain with the District Court Utrecht.
Subject-Matter Jurisdiction: Which Cases in Utrecht?
Subject-matter jurisdiction concerns the type of dispute. The sub-district judge at the District Court Utrecht has:
- Mandatory jurisdiction for:
- Employment law (dismissal or wages at Utrecht-based companies).
- Rental law (properties in Utrecht).
- Consumer purchases up to €25,000 (often the preferred option).
- Travel and transport (cancellation of package holidays).
- Disputes over subscriptions or debt collection.
- Elective jurisdiction for claims up to €25,000.
For larger amounts or complex cases (such as intellectual property), the matter goes to the regular district court. More about small claims at District Court Utrecht.
| Type of Jurisdiction | Examples Utrecht | Threshold Amount | Lawyer Required? |
|---|---|---|---|
| Mandatory | Employment, Utrecht rentals, travel | N/A | No |
| Elective | Consumer purchases, invoices | €25,000 | No |
| Exception (district court) | Real estate > €25,000, family law | > €25,000 | Sometimes yes |
Territorial Jurisdiction: Litigating in Utrecht?
Territorial jurisdiction determines the location (arts. 99-106 CCP). Normally, it is the sub-district judge at the domicile of the defendant. Exceptions for Utrecht:
- Consumer purchases: domicile of the plaintiff (art. 101 CCP), convenient for Utrecht residents.
- Forum selection clause in terms and conditions.
- Rentals: location of the rental property in Utrecht.
Example: Faulty washing machine bought online from a company in Amsterdam, you live in Utrecht. Proceed at the sub-district judge, District Court Utrecht.
Practical Examples in Consumer Law, Utrecht
Example 1: Defective smartphone for €800 bought at a Utrecht store. Seller does not resolve it. Sub-district judge, District Court Utrecht (your domicile) has jurisdiction.
Example 2: Fitness subscription €30/month at a Utrecht gym, club closes. Claim €500: elective jurisdiction at sub-district court, handle it yourself.
Example 3: Package holiday cancelled due to corona, €2,000 loss. Mandatory jurisdiction at sub-district judge, District Court Utrecht (travel contract).
Above €30,000, you choose, but mandatory cases do not.
Rights and Obligations at District Court Utrecht
Rights:
- Low court fees under €25,000.
- Hearing without a lawyer (art. 102 CCP).
- Calling witnesses.
- Appeal to the district court.
Obligations:
- Select the correct court; otherwise, referral (art. 108 CCP).
- Properly describe the claim.
- Attend the hearing.
Consumers in Utrecht benefit from the Unfair Commercial Practices Act.
Frequently Asked Questions Utrecht
Always sub-district judge under €25,000?
No, elective. Mandatory cases like Utrecht rentals always go to sub-district court, even above €30,000.
Choose your own location in Utrecht?
Yes, for consumer purchases often your domicile. Check art. 101 CCP or Het Juridisch Loket Utrecht.
Wrong court?
Referred without costs, but delay (art. 108 CCP).
Lawyer needed?
No at sub-district court. Consult Het Juridisch Loket Utrecht for advice. Free assistance.
Tips for Utrecht Residents
- Check jurisdiction on rechtspraak.nl or District Court Utrecht locator.
- Send a demand letter first.
- Gather evidence: receipts, emails.
- Try mediation via Municipality of Utrecht. More info.
- Report complaints to ACM or Utrecht dispute committee.
- For rentals: check Municipality of Utrecht rental team.
Unsure? Call Het Juridisch Loket Utrecht for free consultation. Article updated 2023, approx. 1,200 words.
Related: Small claims Utrecht