On 17 March 2026, the Supreme Court of the Netherlands (Hoge Raad) issued an important ruling in a case where we represented the car rental company. The case is published under ECLI:NL:HR:2026:353.
Background
The case concerned a car in which a kilometer blocker had been installed. The Public Prosecution Service requested that the vehicle be withdrawn from traffic under Article 36c of the Dutch Road Traffic Act, arguing that the odometer manipulation could endanger traffic safety and the public interest.
Supreme Court Decision
The Supreme Court held that a car with a history of a kilometer blocker is not automatically removable from traffic. The test for withdrawal is strict:
- Simply having had a kilometer blocker does not automatically mean the vehicle must be withdrawn.
- Withdrawal is only justified if, after examination, it is found that the vehicle is dangerous or that the unreliable odometer history hinders normal vehicle trade.
- If the vehicle is technically safe and there are other ways to clarify the mileage, withdrawal is not appropriate.
Impact
This ruling provides clarity for car rental companies, dealers, and private owners: A history of a kilometer blocker does not automatically result in loss of the vehicle in the Netherlands. Withdrawal from traffic is only warranted if the vehicle actually poses a risk.
Contact our office if you need advice in a similar situation.
