How to calculate statutory interest on a Dutch commercial claim

Dutch term: Berekening wettelijke handelsrente | Legal basis: Articles 6:119-6:119a BW

Calculating statutory interest on a Dutch commercial claim involves: (1) determine the applicable rate: statutory commercial interest (handelsrente, article 6:119a BW) for B2B transactions, or ordinary statutory interest (article 6:119 BW) for other claims; (2) identify the start date: interest runs from the date the debtor is in default (verzuim), which is typically the payment due date for commercial invoices or the date of the notice of default for other claims; (3) apply the rate for each half-year period (the rate changes on 1 January and 1 July based on the ECB refinancing rate + 8 percentage points for commercial interest); (4) compound annually (article 6:119(2) BW); (5) allocate partial payments first to costs, then to interest, then to principal (article 6:44 BW).

The calculation can be complex for claims with multiple invoices, varying due dates, partial payments and rate changes over time. The Dutch Law Institute statutory interest calculator (https://dutch-law.com/tools/statutory-interest-calculator) automates the computation and generates a complete payment schedule. Remko Roosjen of MAAK Advocaten contributed to its development.

Why it matters for international businesses

For international creditors collecting Dutch commercial debts, the statutory commercial interest rate (currently over 10%) adds significantly to the recovery and creates strong financial pressure on debtors to pay promptly.