Summary proceedings in the Netherlands (kort geding) deliver a provisional court decision within weeks when urgent circumstances require immediate action. The preliminary relief judge rules based on Article 254 of the Dutch Code of Civil Procedure, typically issuing judgment within 2 weeks, with hearings scheduled within 6 weeks after service of summons.
Business owners and individuals utilize this expedited procedure for acute legal situations including imminent damage, work stoppages, publication injunctions, or enforcement measures. Dutch case law demonstrates that 65% of summary proceedings judgments never lead to full proceedings on the merits, meaning these provisional measures function as de facto final decisions in practice.
When Should You Initiate Summary Proceedings at the Dutch Court?
Summary proceedings in the Netherlands qualify when urgent circumstances exist that cannot await regular proceedings on the merits. The preliminary relief judge determines during the hearing whether the requested relief demonstrates sufficient urgency, while simultaneously weighing the defendant’s interests.
Urgency manifests in situations such as imminent business damage from a competitor, threatening insolvency of a debtor, announced dismissal, or unlawful publication. The Amsterdam District Court processes approximately 4,500 summary proceedings cases annually, with average duration between summons and hearing of 3 weeks.
You assess beforehand whether your situation fits this expedited procedure. Therefore, lawyers analyze legal urgency based on concrete threats, time-critical developments, and irreparable consequences. Moreover, the judge considers whether alternative legal remedies exist that prove equally effective yet less intrusive for the opposing party.
Typical Dutch Summary Proceedings Situations for Business Owners
Suppliers initiate summary proceedings when a buyer stops payments while bankruptcy threatens, because the claim otherwise becomes lost. Employers request provisional measures against former employees who threaten to share trade secrets with competitors. Additionally, trademark owners deploy this procedure against counterfeit products or unlawful trademark uses causing direct revenue loss.
Landlords demand expedited eviction upon contract breach with substantial rent arrears. Furthermore, principals claim performance of critical deliveries that halt production processes. Case law recognizes urgent circumstances in 82% of these cases, allowing the procedure to proceed to substantive hearing.
Which Dutch Lawyer Files the Summary Proceedings Summons?
For summary proceedings in the Netherlands before the Dutch civil court (commercial or civil division), legal representation is mandatory for the plaintiff according to Article 79 of the Dutch Code of Civil Procedure. The defendant may present defense without a lawyer, although legal assistance in the Netherlands is strongly recommended due to procedural complexity.
Your Dutch lawyer drafts the concept summons containing legal grounds, factual substantiation, and specific claims. Subsequently, this concept gets filed with the court, which schedules a hearing date within several business days. Thereafter, a bailiff serves the summons to the defendant, minimum 3 days before the hearing according to statutory requirements.
The litigant without legal counsel risks formal defects leading to inadmissibility. Therefore, business owners immediately engage legal expertise for complex disputes involving intellectual property, liability, or contractual obligations. However, summary proceedings before the subdistrict court (claims up to €25,000) remain accessible without mandatory legal representation for both parties.
Costs of Summary Proceedings Under Dutch Law
Dutch Court filing fees amount to €735 for legal entities in 2026. Legal costs vary depending on case complexity, preparation time, and hearing duration. Moreover, the bailiff charges approx. €150 to €300 for service of summons.
The losing party typically pays the prevailing party’s legal costs. However, only fixed tariff amounts get reimbursed according to the Decree on Legal Costs in Civil Cases, often a fraction of actual legal expenses. Nonetheless, the speed justifies this investment for acute business damage, because postponement until full proceedings causes higher losses.
How Does Preparation Proceed Until the Hearing Under Dutch Law?
After service of summons, the defendant has until 24 hours before the hearing to file written defense. Both parties submit relevant documents such as contracts, correspondence, invoices, or evidence directly to the court and the opposing party.
The plaintiff formulates the claim in the summons with legal substantiation, exhibits, and witness statements. Therefore, this document contains the exact demand (for example, payment of €45,000, cessation of activities, or delivery within 5 days) with legal basis according to Netherlands law. Additionally, the summons specifies why postponement until full proceedings causes unacceptable damage.
The defendant analyzes the summons and gathers counter-evidence, alternative facts, or legal defenses. Subsequently, a lawyer prepares a statement of defense presenting the defendant’s position with potential counterclaim. Furthermore, both parties may provide written witness statements, because oral witness examinations in summary proceedings remain rare due to time constraints.
Procedural Regulations for Summary Proceedings in the Netherlands
The National Procedural Regulations for Dutch Summary Proceedings at District Courts govern formal aspects including deadlines, document exchange, and hearing protocol. Parties must file procedural documents minimum 24 hours before the hearing according to these regulations. Additionally, the preliminary relief judge determines whether additional documents prove necessary for careful adjudication.
New information emerging only during the hearing receives limited weight because the opposing party had no preparation time. Nevertheless, the judge accepts acute developments that strengthen urgency or materially influence the dispute. However, procedural surprises receive negative assessment as negligent litigation conduct.
What Occurs During the Summary Proceedings Hearing in Dutch Law?
The oral hearing typically lasts 30 to 90 minutes during which both parties explain their positions. The preliminary relief judge asks clarifying questions, assesses urgency, and attempts to encourage parties toward settlement.
You present your legal arguments, factual substantiation, and concrete requests to the judge during the hearing. Therefore, our Dutch lawyers conduct structured oral arguments systematically addressing core issues. Subsequently, the opposing party receives opportunity to respond and present counterarguments.
The Dutch judge examines whether sufficient evidence exists for a provisional assessment. Moreover, he applies interest balancing: does granting the claim cause disproportionate damage to the defendant compared with rejection for the plaintiff? Additionally, the preliminary relief judge evaluates whether the requested provisional measure proves proportionate to the asserted interest.
Settlement Negotiations at Hearing Under Dutch Law
In 40% of summary proceedings cases, parties reach settlement during or immediately after the hearing. The judge sketches his preliminary opinion, enabling parties to realistically assess who likely prevails. Therefore, negotiation space emerges when both parties make concessions to avoid a definitive judgment.
A recorded settlement in the hearing minutes binds both parties like a judgment. However, this offers customized solutions often proving more practical than judicial decisions with strict conditions. Nevertheless, parties proceed to judgment in fundamental disputes without willingness to compromise.
What Judgment Does the Preliminary Relief Judge Issue in Dutch Law?
The Dutch summary proceedings judgment always contains a provisional measure according to Article 254 of the Dutch Code of Civil Procedure, not a definitive ruling. The Dutch judge grants the claim, denies it, or grants partially, typically within 2 weeks after the hearing.
The preliminary relief judge in the Netherlands bases his assessment on global evaluation of allegations and evidence, without extensive evidentiary investigation as in full proceedings on the merits. Therefore, the judgment explicitly states this represents a provisional opinion that may differ in subsequent full proceedings. However, full proceedings occur in only 35% of cases, making the summary proceedings measure de facto final.
Upon granting relief, the judgment specifies concrete measures: payment within specified deadline, cessation of activities, delivery of goods, or publication of correction. Moreover, the judge often attaches penalty payments to the order: the defendant pays for example €1,000 per day for non-compliance, with a maximum of €50,000. Additionally, the judge orders the losing party to pay legal costs according to fixed tariff.
Immediate Enforceability of the Judgment Under Dutch Law
Under Dutch law, summary proceedings judgments prove immediately enforceable provisionally according to Article 233 of the Dutch Code of Civil Procedure. The prevailing party can initiate enforcement measures before any appeal concludes. Therefore, a summary proceedings judgment possesses strong enforcement power: bailiffs attach assets or enforce compliance regardless of pending expedited appeal proceedings.
The defendant seeking to prevent an enforceable title must request suspension judgment from the Court of Appeal during expedited appeal. However, this rarely succeeds because the court imposes strict requirements for suspension of an enforceable judgment. Nevertheless, this possibility exists for evidently unreasonable consequences of immediate execution.
Can a Party Appeal Against the Summary Proceedings Judgment in Dutch Law?
Within 4 weeks after the judgment, either party can file expedited appeal with the Court of Appeal according to Article 337 of the Dutch Code of Civil Procedure. The Court of Appeal reviews the case following the same expedited procedure with oral hearing within several weeks.
The appeal addresses the same facts and circumstances as in first instance, unless new acute developments have emerged. Therefore, parties largely repeat their previous arguments, supplemented with specific criticism of the preliminary relief judge’s reasoning. Subsequently, the court issues a new provisional judgment that confirms, reverses, or modifies the previous judgment.
Expedited appeal carries no suspensive effect: the preliminary relief judge’s judgment remains enforceable during appeal proceedings. However, the court may grant suspension upon request for disproportionate consequences of execution. Moreover, expedited appeal proceedings last 6 to 12 weeks, providing parties relatively quick certainty about the definitive provisional measure.
What Follow-Up Steps Occur After the Summary Proceedings Judgment?
After the judgment, parties have three options: acceptance as final decision, initiation of full proceedings, or filing expedited appeal. In 65% of cases, the summary proceedings judgment gets accepted as definitive without follow-up.
The prevailing party can initiate enforcement measures through a bailiff when the losing party does not voluntarily comply with the judgment. Therefore, the bailiff attaches bank accounts, inventory, or real estate to enforce payment. Moreover, the bailiff collects penalty payments when the defendant continues non-compliance with orders.
The losing party seeking a definitive ruling initiates full proceedings at the same court. Subsequently, a trial judge (not preliminary relief judge) handles the case extensively with complete evidence presentation, witness examinations, and expert reports if necessary. However, this procedure costs 12 to 24 months and substantially higher legal costs between €10,000 and €50,000.
Strategic Considerations After the Judgment in Dutch Law
Business owners weigh costs and benefits of full proceedings versus acceptance of the summary proceedings judgment. Therefore, lawyers analyze the likelihood of a divergent ruling in full proceedings, the commercial relationship with the opposing party, and reputational risks of continued legal battle. Moreover, consideration includes whether the provisional ruling provides sufficient legal certainty for future business operations.
For partial grants, both parties consider whether full proceedings offer added value. However, litigation risk means a party who partially prevailed may lose in full proceedings. Nevertheless, parties initiate full proceedings for fundamental disputes about contract interpretation or liability with long-term implications.
What Are the Differences Between Summary Proceedings and Full Proceedings in Dutch Law?
Summary proceedings deliver a provisional measure within 2 to 6 weeks with limited evidentiary investigation, while full proceedings last 12 to 24 months with extensive examination and a definitive final judgment.
Summary proceedings focus on urgent situations requiring provisional measures. Therefore, the preliminary relief judge accepts a lower evidentiary standard: plausible substantiation suffices where full proceedings require complete proof. Subsequently, the judge in full proceedings may hear witnesses, appoint experts, and extensively examine written evidence.
Legal Force of Both Procedures in the Netherlands
The summary proceedings judgment binds parties provisionally but can be reconsidered in full proceedings. Therefore, a final judgment in full proceedings has res judicata authority: this ruling is definitive and irrevocable (after expiration of appeal deadlines). However, the summary proceedings judgment often forms sufficient legal basis for commercial decisions without full proceedings.
Business owners use summary proceedings strategically to obtain quick clarity creating negotiation leverage. Additionally, a won summary proceeding pressures the opposing party toward definitive settlement. Nevertheless, full proceedings remain the only path to complete legal certainty for complex disputes with high financial interests exceeding €250,000.
How Do You Optimally Prepare for Summary Proceedings in the Netherlands?
Effective preparation requires complete documentation, clear fact establishment, and legal strategy within several days. Collect all contracts, correspondence, invoices, payment evidence, and relevant communication supporting your position.
You formulate a concrete, executable claim that the judge can grant directly. Therefore, you avoid vague requests like “restore the situation” and specify exactly what the defendant must do: pay €42,350 within 5 days, cease use of trademark X, deliver 500 products within 10 days. Subsequently, you substantiate why postponement causes unacceptable damage with concrete examples and numerical support.
Written witness statements strengthen your position when direct witnesses confirm the facts. Moreover, you demonstrate proactive attempts at amicable settlement: the judge appreciates parties who first sought consultation before deploying legal remedies. However, you must not wait too long before filing summons, because this undermines urgency.
