22-10-2026

Why the Netherlands Is the natural European gateway for Indian manufacturers and exporters.

For Indian manufacturers weighing where in Europe to establish a distribution foothold, the Netherlands offers a rare combination: first-tier logistics infrastructure, a predictable commercial law framework for distribution and agency relationships, and a strategic position to manage disruptions that have made the Suez Canal and Strait of Hormuz unreliable. This article explains why Indian exporters should look to the Netherlands as their gateway into Europe, how Dutch law shapes those relationships, and how contracts can be structured to withstand ongoing trade shocks.

The Netherlands as Europe's logistics and trade hub
The Netherlands' claim to be the "Gateway to Europe" reflects its infrastructure and geography. The Port of Rotterdam is Europe's largest container port, expected to handle cargo equivalent to around 16.65 million containers in 2025. Schiphol Airport complements this as a leading air cargo hub, with a new 23,000 square metre distribution centre opened in October 2025 for a global semiconductor company. Rotterdam, Amsterdam and Schiphol connect by road, rail and waterway to Germany, Belgium, France and the UK within a day, and Dutch VAT deferment rules improve cash flow for importers.

Goods landed at Rotterdam can be held under customs bond and forwarded anywhere in the EU, or transshipped to the Middle East, Africa or the UK, without EU import duty until released into free circulation. Around 170 million European consumers live within 500 kilometres of the Dutch coast, and roughly 244 million within 1,000 kilometres, making a single Dutch centre a realistic base for pan-European fulfilment. The India-Netherlands trade relationship is already substantial: the Netherlands is India's largest merchandise export destination in Europe, with Indian exports reaching approximately USD 22.76 billion in 2024-25, and more than 300 Dutch companies already operate in India. 

Structuring distribution and agency arrangements under Dutch law
Once goods reach the Netherlands, how they are placed into the market matters as much as how they arrive. Dutch law recognises two principal routes. The first is the independent distributor model: a Dutch distributor buys goods and resells them in its own name and account, under agreements governed mainly by general contract law, giving exporters freedom to negotiate exclusivity, volumes, pricing and termination, although there are certain constraints under EU and Dutch competition law.

The second route, commercial agency, triggers a largely mandatory framework under the Dutch Civil Code, implementing EU Directive 86/653/EEC. An agent negotiating contracts for commission gets statutory notice periods and, on termination, a goodwill indemnity where it brought new customers, capped at one year's average remuneration. Dutch law prohibits waiving this right, and a non-EU governing law does not reliably avoid it.

Distribution offers flexibility and no statutory indemnity, but no party negotiating sales on the manufacturer's behalf. Agency gives more control over pricing and customers, but comes with mandatory notice periods and a goodwill indemnity to price into terms from the outset. Many Indian exporters start with a distributor and later convert to agency once volumes justify it; that transition should be planned with Dutch law counsel, since informal practice can create an agency relationship by conduct alone.

Building supply-chain resilience into the contract
The commercial case for the Netherlands assumes a functioning maritime corridor between India and Rotterdam, an assumption repeatedly tested since late 2023. Houthi attacks on Red Sea shipping forced most container lines to reroute around the Cape of Good Hope, adding ten to fifteen days to transit and costing global trade an estimated USD 30-35 billion in the first quarter of 2024 alone. The 2026 escalation of US-Iran hostilities has since led insurers to treat the Bab el-Mandeb Strait and Gulf of Oman as war-risk zones too, exposing Indian exporters to both risk clusters at once.

None of this makes the Netherlands less attractive; if anything, it reinforces the case for consolidating distribution in one well-connected hub. But contracts need to anticipate disruption, not assume its absence.

A force majeure clause needs to do real work, not repeat boilerplate. Article 6:75 of the Dutch Civil Code excuses non-performance only where not due to the debtor's fault, and Dutch case law requires showing performance was genuinely impossible and unforeseeable at signing. Since disruption has recurred since 2023, courts could treat further delays as foreseeable. The answer is an express clause naming war, blockade of a strait or canal, piracy, and government shipping restrictions as qualifying events, with consequences set out clearly: suspension, extension of time, rerouting at the buyer's cost, or termination if disruption exceeds an agreed period.

Agreements should also allocate rerouting costs, since diverting around the Cape adds ten to fifteen days and a significant fuel premium per voyage. Incoterms should be chosen deliberately, and contracts should build in routing flexibility, such as air freight through Schiphol for urgent goods and insurance expressly covering war risk in Red Sea and Gulf waters.

Conclusion
The Netherlands offers Indian manufacturers an unusually complete platform for European expansion: logistics reaching the whole EU market within a day, a mature legal framework for distribution and agency, and an existing base of bilateral trade and investment. That platform works best when contracts are drafted with the current volatility of the Red Sea, Suez Canal and Strait of Hormuz corridors in mind. Businesses combining a Dutch distribution hub with agreements that properly allocate force majeure risk, rerouting costs, and insurance flexibility will be better placed to build a durable European presence.

This article was also published in Manufacturing Today, a leading publication covering India's manufacturing and industrial sectors.

Read the publication here.

Key contacts

Philip ter Burg

Partner | Lawyer
Send me an e-mail
+31 (0)70 318 4828

Follow us!
Subscribe newsletter LinkedIn

Related news & updates