What is a right of retention (retentierecht) under Dutch law?

Dutch term: Retentierecht | Legal basis: Articles 3:290-3:295 BW

A right of retention (retentierecht) under articles 3:290 to 3:295 of the Dutch Civil Code allows a party who holds property belonging to another to retain that property until a related claim against the owner is satisfied. The retention right is a form of security: the creditor holds the property as leverage to compel payment.

The retention right arises by operation of law and does not need to be agreed in the contract. It requires a sufficient connection between the claim and the property retained (for example, a repair shop retaining a vehicle until the repair invoice is paid). The retention right can be invoked against the owner and, in insolvency, against the bankruptcy trustee. It does not give the retaining party a right to sell the property, only to hold it.

Why it matters for international businesses

For service providers, repairers and warehousekeepers in the manufacturing supply chain, the retention right provides practical leverage for unpaid invoices without the need for court proceedings.