How does a Dutch court assess damages when exact calculation is impossible?

Dutch term: Schadestaatprocedure / begroting | Legal basis: Articles 6:97 and 612-615 Rv

Under article 6:97 of the Dutch Civil Code, when the exact extent of damages cannot be determined precisely, the court may estimate (begroten) the damages based on the available evidence and the circumstances of the case. This gives Dutch courts broad discretion in quantifying losses that are inherently difficult to calculate.

For complex damage claims, the court may also refer the damages calculation to a separate damages assessment proceeding (schadestaatprocedure) under articles 612 to 615 of the Dutch Code of Civil Procedure. In the main proceedings, the court establishes liability and the obligation to compensate; in the schadestaatprocedure, the exact amount is determined. This two-phase approach is common in cases involving multiple categories of loss.

Why it matters for international businesses

For international businesses with complex loss claims (lost profits, consequential damages, market share erosion), the Dutch court's estimation power under article 6:97 is a practical advantage compared to jurisdictions that require mathematical precision.