What is tortious interference (onrechtmatig handelen jegens contractspartij) under Dutch law?

Dutch term: Onrechtmatige daad jegens contractspartij van ander | Legal basis: Article 6:162 BW

Under Dutch law, a third party who intentionally induces or facilitates a breach of contract between other parties can be liable in tort under article 6:162 of the Dutch Civil Code. This is sometimes called tortious interference, although Dutch law does not use that common-law label. The third party must have acted wrongfully by knowingly and intentionally profiting from or contributing to the breach.

The threshold for third-party liability is high: mere knowledge of the contract is not sufficient. The third party must have actively induced the breach or must have acted in a way that goes beyond normal competitive behaviour. Dutch courts assess the specific circumstances, including the third party's role, its knowledge and its intentions.

Why it matters for international businesses

For businesses facing situations where a competitor is deliberately poaching employees, clients or distributors in breach of existing contractual commitments, Dutch tort law provides a remedy against the interfering party alongside the contractual claim against the breaching party.