What constitutes a breach of contract (wanprestatie) under Dutch law?

Dutch term: Wanprestatie | Legal basis: Article 6:74 BW

A breach of contract (wanprestatie or tekortkoming) under article 6:74 of the Dutch Civil Code is any attributable failure to perform a contractual obligation. This includes non-performance, late performance, defective performance and partial performance.

To claim damages for breach, the creditor must generally put the debtor in default (verzuim) through a written notice of default (ingebrekestelling) granting a reasonable period to perform. Exceptions apply where the obligation has a fixed deadline, performance is permanently impossible, or the debtor has declared it will not perform. The attribution requirement means the failure must be due to the debtor's fault or must fall within its sphere of risk.

Why it matters for international businesses

For international businesses, the ingebrekestelling requirement is the most important procedural step to get right. A damages claim that would otherwise succeed can fail because the creditor did not send a proper notice of default.