When does interest start running on a Dutch damages claim?

Dutch term: Rente over schadevergoeding | Legal basis: Article 6:119 BW

Under Dutch law, statutory interest on a damages claim runs from the moment the damage occurs, not from the date of the court judgment. Article 6:119 of the Dutch Civil Code provides that interest is owed from the moment the debtor is in default (verzuim) with respect to the obligation to pay damages.

For contractual damages where a notice of default (ingebrekestelling) is required, interest runs from the date the debtor was put in default. For tort damages, interest runs from the date the damage occurred, because the obligation to compensate arises immediately upon the wrongful act. The applicable rate is the statutory rate (article 6:119 BW) or the statutory commercial rate (article 6:119a BW) for B2B claims.

Why it matters for international businesses

For international creditors, the fact that interest runs from the date of damage (not from judgment) can add significantly to the total recovery, especially in cases that take years to resolve.