Transport and trade law

Created16 juni 2025

Updated16 juni 2025

bySabine Imdahl

International trade and transport are essential to the Dutch economy. The Netherlands is known for its logistics infrastructure – from the Port of Rotterdam to Schiphol Airport – and for being a gateway to Europe. If you’re doing business in or through the Netherlands, it’s important to understand the basics of Dutch transport and trade law (vervoersrecht and handelsrecht).

This article explains how these legal areas work, including your rights and responsibilities when trading goods or services, or transporting them by road, sea, air or rail.

What is trade law?

Trade law (handelsrecht) is the area of Dutch civil law that regulates commercial transactions. It includes the sale and delivery of goods, payment obligations, terms and conditions, liability for defective products, and rules on late delivery or breach of contract.

Many trade contracts in the Netherlands are governed by the Dutch Civil Code (Burgerlijk Wetboek) – especially Book 6 (general contract law) [1] and Book 7 (special contracts, including sales) [2]. However, international agreements like the United Nations Convention on Contracts for the International Sale of Goods (CISG) [3] may also apply automatically to cross-border sales unless parties opt out.

In practice, businesses often include general terms and conditions (algemene voorwaarden) in contracts. These can include clauses about delivery deadlines, warranty, applicable law and dispute resolution. It is important to ensure that these terms are validly incorporated and not in conflict with Dutch consumer protection rules, especially if you’re dealing with individual customers.

What is transport law?

Transport law (vervoersrecht) governs the carriage of goods and passengers. It covers contracts between the sender and the carrier, liability for delays or damage, and responsibilities for customs and documentation.

Transport law in the Netherlands is based on both national law (Book 8 of the Dutch Civil Code) [4] and international conventions, depending on the mode of transport:

Road transport – governed by the CMR Convention [5] and Dutch law

Maritime transport –governed by the Hague-Visby Rules, as incorporated into Dutch shipping law.

Air transport – governed by the Montreal Convention [6]

Rail transport – governed by the COTIF Convention [7]

Each of these legal frameworks determines who is liable when goods are damaged, delayed or lost, and whether the carrier can limit liability.

For example, under the CMR Convention (for road transport), the carrier is usually liable for damage unless it proves that the loss was due to force majeure or specific exceptions like poor packaging. Strict timelines apply for notifying damage and claiming compensation.

Incoterms and international contracts

Many international trade contracts refer to Incoterms® [8], the standardised delivery terms published by the International Chamber of Commerce. These define who is responsible for transport, risk, insurance, customs clearance and costs.

Examples include:

EXW (Ex Works): The seller makes the goods available at their premises, and the buyer bears all costs and risks of transport from that point onward.
FOB (Free On Board): The seller delivers the goods on board the ship at the port of shipment; the buyer assumes responsibility once the goods are loaded.
CIF (Cost, Insurance and Freight): The seller covers the cost, insurance, and freight to the destination port, but risk transfers to the buyer once the goods are on board the ship.
DAP (Delivered at Place): The seller delivers the goods ready for unloading at the named destination, with the buyer responsible for import duties and unloading.

While Incoterms are not binding law on their own, they become part of the contract if both parties agree. It’s important to use the correct version (e.g. Incoterms 2020) and understand how the chosen rule affects risk and responsibility.

Disputes and enforcement

Disputes in trade and transport often involve:

Non-payment or late payment

Damaged or lost goods

Disagreements over delivery times

Breach of warranty or contractual terms

Many Dutch businesses prefer to settle disputes out of court, through arbitration or mediation, especially in international cases. The Netherlands Arbitration Institute (NAI) [9] allows proceedings in English if agreed by the parties, while the Netherlands Commercial Court (NCC) [10] handles all cases entirely in English, but only if parties have expressly agreed to its jurisdiction.

When drafting contracts, it’s important to specify the applicable law and jurisdiction. Without this, default EU rules or conventions may apply – which can lead to unexpected results.

Customs and import/export regulations

If you are importing or exporting goods through the Netherlands, EU customs law applies. Businesses must comply with documentation, duties, safety standards, and VAT requirements.

Dutch customs (Douane) is known for being efficient, especially in Rotterdam and Schiphol. However, mistakes in paperwork can cause delays or fines. If you’re unsure, it’s often helpful to consult a customs broker (douane-expediteur) or legal professional.

Conclusion

Dutch transport and trade law combine national and international rules to create a clear framework for doing business. Whether you’re importing goods, delivering packages, or signing an international sales contract, understanding your legal rights and duties is essential.

If your case involves cross-border elements, different conventions or legal systems may apply. That’s why it’s often helpful to consult a legal expert who understands both Dutch law and international trade practices.

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Disclaimer: The information provided on this website is for general informational purposes only and is not legally binding. Although we strive for accuracy, the content may contain errors. If you notice any mistakes, please let us know by contacting us via the contact form located at the bottom of the page.

Picture : Created by Sora/ ChatGPT

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