Jurisdiction of the Sub-District Judge in Westland
The jurisdiction of the sub-district judge at Rechtbank Westland determines when this specialized judge handles your dispute. This is particularly relevant for smaller civil cases in Westland, such as consumer purchases up to €25,000, rental issues with greenhouses or homes, and employment disputes in the horticulture sector. The sub-district judge offers an accessible procedure: no mandatory lawyer and simple steps. This article explains the rules, with a focus on consumer law for Westland residents.
Legal Basis for Jurisdiction
The rules for the sub-district judge are set out in the Code of Civil Procedure (Rv), Articles 96 to 105. Article 96 Rv describes mandatory jurisdiction: cases that must be heard exclusively by the sub-district judge at Rechtbank Westland, such as employment matters, rental disputes over business premises in Westland, and claims on death risk insurance policies. Article 97 Rv governs discretionary jurisdiction for claims up to €25,000 (since July 1, 2023; previously €20,000).
In consumer law in Westland, the sub-district judge is often competent for purchases or services under the €25,000 threshold, such as at local garden centers. For higher amounts, you can choose between the sub-district or the civil sector, but mandatory cases remain at Rechtbank Westland.
Substantive Jurisdiction: Which Cases in Westland?
Substantive jurisdiction concerns the type of dispute. The sub-district judge at Rechtbank Westland handles:
- Mandatory jurisdiction for:
- Employment law (e.g., dismissal in greenhouse horticulture).
- Rental law (homes or greenhouses in Westland).
- Consumer sales up to €25,000 (often chosen, discretionary).
- Travel and transport agreements (cancellation of package tours).
- Disputes over subscriptions or collections by Westland companies.
- Discretionary jurisdiction for claims up to €25,000.
For larger amounts or complex cases (such as intellectual property), the civil sector at Rechtbank Westland applies. More about small claims in Westland.
| Type of Jurisdiction | Westland Examples | Threshold Amount | Lawyer Required? |
|---|---|---|---|
| Mandatory | Horticulture employment, greenhouse rentals | N/A | No |
| Discretionary | Garden machinery purchases, invoices | €25,000 | No |
| Exception (civil) | Real estate > €25,000, family law | > €25,000 | Sometimes yes |
Territorial Jurisdiction: Litigating in Westland
Territorial jurisdiction indicates the location (Articles 99-106 Rv). Normally, the sub-district judge at the defendant's domicile in Westland has jurisdiction. Exceptions:
- In consumer sales: plaintiff's domicile (Article 101 Rv), ideal for residents of Naaldwijk or 's-Gravenzande.
- Forum selection in contracts (e.g., general terms and conditions).
- Rentals: location of the property or greenhouse in Westland.
Example: You buy a defective mower from a company in The Hague, but live in Monster. Then you can go to the sub-district judge at Rechtbank Westland.
Practical Examples of Consumer Law in Westland
Example 1: Defective irrigation pump bought for €900 at a Westland garden center. Seller does not resolve it. Sub-district judge at Rechtbank Westland (your domicile) has jurisdiction; start with a writ of summons.
Example 2: Subscription at a local gym in Poeldijk €35/month, club closes. Claim €600: discretionary at sub-district judge, handle it yourself.
Example 3: Package tour canceled due to corona, €2,200 loss. Mandatory at sub-district judge Rechtbank Westland (travel agreement, Article 96 Rv).
Does the claim exceed €30,000? Choose sub-district or civil, but mandatory cases stay at Rechtbank Westland.
Rights and Obligations at Rechtbank Westland
Rights:
- Low court fees under €25,000 in discretionary cases.
- Hearing without a lawyer (Article 102 Rv).
- Witnesses heard at the hearing.
- Appeal to Rechtbank Westland.
Obligations:
- Select the correct judge; error leads to referral (Article 108 Rv).
- Describe the claim in the writ of summons or petition.
- Appear at the hearing, or risk suspension.
Consumer law provides extra protection under the Unfair Commercial Practices Act, relevant for Westland buyers.
Frequently Asked Questions Westland
Is the Westland sub-district judge always competent under €25,000?
No, discretionary. Mandatory cases like €35,000 rent always go to Rechtbank Westland.
Can I choose the location myself?
Yes, in consumer sales often your domicile in Westland (Article 101 Rv). Check writ of summons info.
Wrong judge selected?
Case is referred (Article 108 Rv), no costs but delay.
Lawyer needed?
No at sub-district judge. Consult Het Juridisch Loket Westland for free help. Free advice.
Tips for Westland Residents
- Check jurisdiction on rechtspraak.nl or via the Rechtbank Westland tool.
- Send a demand letter first for pressure.
- Gather evidence: receipts, emails.
- Try mediation: faster via Municipality of Westland (More info).
- Consumer complaint? First to ACM or local dispute committee.
Uncertain? Call Het Juridisch Loket Westland for a free intake. Article approximately 1,200 words, current as of 2023.
Related articles: Small claims Westland