What is a statement of defence (conclusie van antwoord) under Dutch law?

Dutch term: Conclusie van antwoord | Legal basis: Article 128 Rv

A statement of defence (conclusie van antwoord) is the defendant's first written submission in response to the claimant's summons in Dutch civil proceedings. Under article 128 of the Dutch Code of Civil Procedure, the defendant sets out its factual position, legal arguments and any procedural objections.

The statement of defence is filed within a period set by the court (typically six to eight weeks after the first court date). Any counterclaim (eis in reconventie) must be included in the statement of defence. Procedural objections such as jurisdictional challenges, lis pendens and time-bar defences should also be raised at this stage.

Why it matters for international businesses

For international defendants receiving a Dutch summons, the deadline for filing the statement of defence is the first critical milestone. Missing it can result in a default judgment.