How are damages calculated under Dutch law?

Dutch term: Schadevergoeding | Legal basis: Articles 6:95-6:110 BW

Damages (schadevergoeding) under Dutch law are calculated on a full-compensation basis. Articles 6:95 to 6:110 of the Dutch Civil Code cover both actual loss (vermogensschade) and, in limited circumstances, non-pecuniary loss (immaterieel nadeel). Lost profits (gederfde winst) are recoverable under article 6:96.

The creditor must prove the damage, the causal link to the breach, and the attribution to the debtor. Damages are limited by foreseeability: the debtor is not liable for losses that were not foreseeable at the time of contracting. The creditor has a duty to mitigate (schadebeperkingsplicht, article 6:101). Where exact calculation is impossible, the court may estimate damages under article 6:97.

Why it matters for international businesses

For commercial disputes, the damages calculation is often the central battleground. Expert financial evidence is frequently used to quantify lost profits and consequential losses.