What is statutory interest in the Netherlands?

Dutch term: Wettelijke rente / handelsrente | Legal basis: Articles 6:119 and 6:119a of the Dutch Civil Code

Dutch law provides for two types of statutory interest that apply automatically to overdue payments. Ordinary statutory interest (wettelijke rente) under article 6:119 of the Dutch Civil Code applies to non-commercial claims (currently 4% annually). Statutory commercial interest (handelsrente) under article 6:119a applies to B2B commercial transactions (currently over 10% annually, set by the ECB reference rate plus a statutory margin).

Both types of interest apply by operation of law from the moment the debtor is in default. They do not need to be agreed in the contract, and for commercial transactions they cannot be meaningfully reduced to the creditor's detriment. The statutory commercial interest rate is published twice a year by the Dutch Ministry of Finance based on the European Central Bank's main refinancing operation rate.

In addition to interest, creditors of overdue commercial payments are entitled to fixed recovery costs under the WIK (Besluit vergoeding voor buitengerechtelijke incassokosten), starting at 40 euro per invoice on a sliding scale. Interest and recovery costs cumulate with any contractually agreed additional amounts.

For computing the exact interest on a claim, including partial payments and compound interest, the Dutch Law Institute statutory interest calculator is a practical tool that MAAK Advocaten contributed to and uses on live collection files.

Why it matters for international businesses

The statutory commercial interest rate is significantly higher than in most other EU jurisdictions. For creditors, the meter is running from the moment of default, which creates strong incentive for debtors to pay promptly. See our debt collection lawyer page or contact us.