The right of access to business information has changed dramatically since 2025. For companies and institutions operating in the Netherlands or internationally, it is essential to know when you are entitled to information from a contracting party. The recent ruling by the Rotterdam District Court (ECLI:NL:RBROT:2025:9830) provides practical guidance on enforcing access to commercial documents, such as invoices, in a contract law dispute.
Core dispute
This case centred on a dispute between a Polish consultant and a Dutch manufacturer of marine paints and coatings. Through a consultancy agreement, the consultant was entitled to a monthly fee and commission on Polish clients he brought in. When a large order was handled via an international route, discussions arose about the right to commission and the need to access relevant invoices and proofs of payment. Under the new section 194 Rv, the consultant requested to inspect invoices relating to the supply of paint for new-build ships to a Polish shipowner, via a Chinese shipyard.
The order
The Rotterdam District Court ruled on 13 August 2025 that the inspection request was partly granted. The producer must, on pain of a penalty payment, allow inspection of the relevant invoices and proofs of payment within a month of service of the order, only insofar as they relate to the supply of paint for the Polish shipowner's newly built vessels. The inspection shall be limited to price information to enable the consultant to calculate its commission, if any. The consultant is obliged to maintain strict confidentiality, under penalty of a fine.
Relevance
This ruling is relevant for companies that enter into contracts with international partners and where order processing passes through multiple entities. The new right of inspection provides a clear route to obtain essential information even if the requested party does not have the documents directly. The court stressed that the right of inspection does not depend on whether you are formally a party to the final transaction. What matters is that you have a sufficient interest in the information through an existing legal relationship. Even if the documents are with a third party, the party sued must request them.
This allows companies to better determine their position in disputes over contracts, commissions or liability. The ruling makes it clear that company-sensitive information is not simply out of reach. However, the protection of confidentiality is guaranteed by a strict duty of secrecy and a hefty fine in case of breach.
If, as a company, you want access to documents of a contracting party, it is important to properly delineate the request. Focus on concrete documents that are relevant to your legal position, such as invoices or proof of payment. Substantiate why you have an interest in this information and make sure your request is not formulated too broadly. Bear in mind the possibility that the other party may invoke business sensitivity, but know that the court will weigh up interests and may impose confidentiality, and may attach a fine to this.
More information.
TK's Corporate & Commercial Litigation team can support you in formulating an effective access request, conducting the proceedings and safeguarding your interests in contract disputes. We advise on the best strategy, assist with international aspects and ensure that you as a company have the right information to determine or substantiate your position.
Would you like to know more about inspection law, contract law or dispute resolution in international trade? Contact TK's Corporate & Commercial Litigation team directly via the button below for tailored advice and practical support.
