You initiate summary proceedings when you need a swift provisional decision from a Dutch court. This expedited procedure offers entrepreneurs, individuals, and organizations in Amsterdam and the Netherlands an effective solution for acute conflicts. Therefore, we walk through step-by-step below how to correctly initiate this procedure, what the costs are, and which deadlines apply under Dutch law.
What exactly are summary proceedings under Dutch law?
Summary proceedings constitute an expedited procedure where the preliminary relief judge or district court judge renders a provisional decision within several weeks. This procedure fits excellently for situations where waiting causes unacceptable damage. For example: your employer abruptly stops your salary, a competitor violates their non-compete agreement, or a tenant refuses access to your property.
Important note: The judge never issues a definitive ruling in summary proceedings. Consequently, they cannot dissolve or nullify agreements – that authority remains reserved for main proceedings. However, the judge can impose a provisional measure within 14 days after the hearing that resolves your acute problem.
Summary proceedings distinguish themselves from regular procedures because you must demonstrate urgent interest. This means: you suffer concrete damage if you must wait for main proceedings that take 6 to 12 months.
When should you initiate summary proceedings in the Netherlands?
Urgent interest as prerequisite
You initiate summary proceedings exclusively when urgent interest exists. This means: waiting for regular proceedings causes irreparable or disproportionate damage. Dutch courts apply strict criteria here.
Concrete examples from practice:
- Your supplier fails to deliver, causing your production to halt (daily revenue loss €15,000)
- An online publication damages your reputation and reaches 50,000 people within 48 hours
- Your landlord refuses access while you have a crucial client presentation tomorrow
Conversely, the judge dismisses your application if the dispute has been ongoing for months and you only now take action. Moreover: purely financial claims without acute threat rarely establish urgent interest.
What cases does the summary proceedings judge handle?
The summary proceedings judge handles all disputes requiring provisional decisions:
Before the district court judge (no attorney mandatory):
- Employment conflicts: wage disputes, non-compete agreements, suspension
- Rental disputes: access, maintenance, rental price
- Consumer disputes: defective products, deception
Before the preliminary relief judge (attorney mandatory):
- Commercial cases above €25,000
- Intellectual property rights
- Liability matters
- Publication prohibitions
Notably, Amsterdam’s court sees many summary proceedings concerning real estate disputes, employment conflicts, and commercial disputes. Annually, Amsterdam’s court handles approximately 2,500 summary proceedings in civil matters.
Step 1: Find a specialized attorney in the Netherlands
Is a Dutch attorney mandatory?
For summary proceedings before the preliminary relief judge (commercial cases, family cases), absolute attorney representation applies. Before the district court judge, you may also proceed yourself or engage a representative. However, the procedure’s complexity virtually always justifies professional assistance.
An experienced summary proceedings attorney in Amsterdam knows the case law, anticipates defense arguments, and formulates legally watertight claims. Namely: one missed formality can cost your entire case. Furthermore, a specialist possesses procedural legal knowledge crucial for success.
Select your Dutch attorney based on:
- Specialization in your legal field (employment law, Dutch contract law, real estate law)
- Demonstrable experience with summary proceedings in the Netherlands (minimum 20 procedures annually)
- Availability and responsiveness (urgency requires swift action)
- Transparent cost structure
Step 2: File the application with the Dutch court
Drafting conceptual summons under Dutch law
Your attorney prepares a conceptual summons meeting strict statutory requirements under Dutch law. This document contains:
Formal requirements:
- Complete details of plaintiff and defendant parties (name, address, registered office)
- Exact description of claim and legal basis
- Substantiation of urgent interest with concrete facts
- Overview of productions (numbered evidence documents)
- Statement of unavailable dates (6 weeks forward)
Substantive elements:
- Factual description of conflict with timeline
- Legal qualification (which law/article applies)
- Evidence: contracts, correspondence, photos, witness statements
- Concrete claim (“defendant is ordered to…”)
Additionally, you attach an application form where you indicate why shortening the summons term is necessary. Courts in Amsterdam, Rotterdam, and The Hague each maintain their own forms – verify this carefully.
Filing at the court
Digital proceedings via ‘Mijn Rechtspraak’:
- Log in with attorney pass or eHerkenning
- Upload application and conceptual summons as PDF/A (maximum 25 MB per file)
- Receive automatic filing number and timestamp
- No paper copy required anymore
Non-digital proceedings:
- Send by post to court registry
- Submit at Central Desk registered address
- Via Secure Email with paper follow-up within 24 hours
In Amsterdam, you file digitally via Mijn Rechtspraak. The Summary Proceedings team is available on working days between 8:30-17:00 via 088-361 14 08. For super-urgent cases outside office hours, call the control room: 088-361 14 00.
Date determination by the Dutch court
The Dutch court determines day and time for oral hearing within 1-3 working days. The judge considers your stated unavailable dates as much as possible. However, with extreme urgency or many unavailable dates, the judge deviates from this.
Standard timelines:
- Regular summary proceedings: 2-3 weeks after application
- Urgent: 1-2 weeks after application
- Super-urgent: 24-48 hours after application (even same day possible)
You receive telephone or email notification about the hearing date. Immediately thereafter, you communicate this date to the defendant – this is your responsibility.
Step 3: Service of summons by bailiff under Dutch law
Statutory summons term
After date determination, you have the summons served by a judicial bailiff. The statutory term amounts to minimum 7 days between service and hearing. These days are ‘clear’ days: both the service day and hearing date don’t count.
Example: Hearing on Friday March 15 means service at latest on Thursday March 7 (excluding weekend). However, the judge often grants shortening to 3, 2, or even 1 day under urgent circumstances.
Shortening summons term
When your hearing is scheduled so quickly that the statutory term becomes unattainable, the date determination automatically functions as shortening ex Article 117 Dutch Code of Civil Procedure. The judge explicitly mentions the ultimate time for service in their decision.
Crucial attention points:
- Inform defendant immediately by telephone about hearing date
- Send conceptual summons by email in advance
- Ensure bailiff can serve well before deadline
- Plan buffer for service problems (defendant untraceable)
Voluntary appearance as alternative
The defendant can agree to voluntary appearance, making bailiff service unnecessary. This saves time (24-48 hours) and costs (€125-250 excluding VAT). However, record this agreement in writing and send the definitive summons by registered post.
Note: In case of default, you must present the served writ. Without valid proof of service, the judge dismisses your claim, even if the defendant doesn’t appear.
Step 4: Filing procedural documents and productions in the Netherlands
Deadlines and formalities
You file at latest 3 working days before the hearing a copy of the served summons with productions at the court. With digital proceedings, you upload all documents in Mijn Rechtspraak. The defendant can present defense or counterclaim until 24 hours before the hearing.
Organization of evidence:
- Number all productions consecutively (abbreviated party name + sequence number)
- Use tabs with paper filing
- With digital proceedings: use leading zeros (plaintiff001contract, plaintiff002email)
- Refer explicitly in summons to relevant passages per production
- Add production list with brief content description
Documents arriving within 24 hours before the hearing, the judge generally disregards. Exception: very urgent developments increasing your litigation need.
Foreign documents and translations
Documents in English, German, or French need not be translated under Dutch law. However, the judge can still require a translation if the defendant has insufficient language proficiency. For other languages: have a sworn translator make an official translation and attach the original.
Step 5: The oral hearing (court session) in Dutch law
Preparation and appearance
The hearing takes place at the court-determined time. Standardly, the court reserves 60 minutes, with 15 minutes speaking time per party. For complex cases, you request longer hearing duration upon application – motivate this well.
Who must appear:
- Plaintiff party: always via attorney (commercial cases/family cases)
- Defendant party: with attorney or in person
- Legal entities: represented by director with recent Chamber of Commerce extract
- Non-Dutch speakers: bring own interpreter (costs at own expense)
Appearance isn’t mandatory. However, your absence almost always leads to dismissal of your claim. The judge bases their judgment namely strongly on oral explanation and your response to their questions.
Course of hearing under Dutch law
Standard procedure:
- Case called by clerk
- Plaintiff party explains claim (first term)
- Defendant party presents defense (first term)
- Plaintiff’s reply (second term)
- Defendant’s rejoinder (second term)
- Judge’s questions to both parties
- Closure of oral hearing
During the hearing, the judge explores settlement possibilities. They often provide a preliminary opinion: how they legally view the case. This offers parties opportunity for negotiation ‘in the hallway’. If you reach settlement, the judge records this in minutes with binding effect.
Pleading notes and procedural conduct
You may present and submit pleading notes. Keep these concise (maximum 3-4 A4 pages) and focus on core legal arguments. The judge appreciates concrete commitments: “My client pays €10,000 as advance within 14 days.”
Effective procedural conduct:
- Answer judge’s questions directly and completely
- Acknowledge weak points in your position (shows reliability)
- Avoid emotional outbursts or personal attacks
- Formulate clear alternatives for settlement
- Show willingness for constructive solution
Postponement of the hearing is possible if new facts come to light or if parties wish to continue settlement negotiations. The judge then determines a new date, usually within 2-3 weeks.
Step 6: Judgment and follow-up steps under Dutch law
Judgment date and reasoning
The judge usually renders judgment within 14 days after the hearing. For super-urgent cases, they can also decide orally at the hearing, followed by written elaboration within 2 weeks. Some courts maintain fixed judgment times (Amsterdam: varying, Rotterdam: 14:00).
The judgment contains:
- Decision per claimed point (granted/rejected)
- Legal reasoning with legal articles and case law
- Cost order (if applicable)
- Declaration of provisional enforceability
Costs are reimbursed according to established liquidation rate:
- Commercial cases above €25,000: €1,620 (rate VI)
- District court cases up to €25,000: €980 (rate III)
- Plus bailiff costs (€125-250) and court fees
Provisional nature of judgment
The summary proceedings judgment is a provisional opinion. This means: a main proceedings judge can later reach different judgment after complete investigation. However, parties often accept the provisional judgment because:
- Main proceedings take 6-12 months and cost €5,000-15,000
- The main proceedings judge rarely reaches substantially different judgment (65-75% confirmation)
- The judgment is provisionally enforceable (immediate execution possible)
- Further proceedings definitively disrupt the relationship
Approximately 70% of summary proceedings judgments function in practice as final judgments. Parties accept the decision and proceed to execution.
Appeal and opposition
Appeal is available within 4 weeks after judgment if your dispute concerns an amount above €1,750. You summon the defendant before the Court of Appeal (for example: Amsterdam, The Hague, ‘s-Hertogenbosch or Arnhem-Leeuwarden). Also in appeal, urgency applies: the court schedules a hearing within 6-8 weeks.
Opposition can be filed by the defendant if the judge granted default. Within 4 weeks, the defendant summons you before the same judge. The case is then substantively heard nonetheless.
Cassation before the Supreme Court is possible within 8 weeks after Court of Appeal judgment. This remedy tests exclusively legal questions, not factual assessments. A cassation procedure costs €15,000-40,000 and takes 12-18 months.
Summary proceedings costs in the Netherlands: complete cost breakdown
Court fees
Court fees for summary proceedings amount to:
Plaintiff party (always owed):
- Commercial cases/family cases: €714 (fixed rate regardless of amount)
- District court cases: €714
Defendant party (upon appearance):
- Commercial cases/family cases: €714
- District court cases: €0 (defendant pays no court fee)
With inability to pay (subsidized legal aid assignment), you pay €63. Submit your provisional assignment or income statement at the hearing. You deliver the definitive assignment within 4 weeks after judgment, otherwise the court claims the full rate nonetheless.
Attorney costs
Attorney costs vary greatly per firm and case complexity:
Indicative rates in Amsterdam:
- Medium-sized firm: €2,500-7,500 (all-in first instance)
- Boutique specialist firm: €3,500-8,000
- Large firm (A-location): €5,000-10,000+
This includes conceptual summons, correspondence, hearing preparation, and hearing attendance. Request budget indication in advance and have this recorded in writing. Many attorneys work with fixed packages for summary proceedings.
Bailiff costs
A bailiff charges for service of summons:
- Basic amount: €89.10 (statutory rate exploit costs)
- Plus €88 (service natural person) or €165 (legal entity)
- VAT 21%: total approximately €125-250
With difficult service (multiple attempts, address investigation), costs rise to €350-500. Discuss maximum amount in advance.
Total investment
Minimum total picture summary proceedings:
- Court fees: €714
- Attorney: €2,500
- Bailiff: €150
- Total: approximately €3,000-3,500
Realistic scenario with average complexity:
- Court fees: €714
- Attorney: €4,000 – € 10,000
- Bailiff: €200
- Additional expertise/investigation: €500
- Total: approximately €5,000-5,500
The losing party reimburses only the liquidation rate (€980-1,620), not your actual attorney costs. You therefore pay the difference yourself. Consider legal expenses insurance (often covers 100% costs up to €50,000).
How does mediation work as alternative under Dutch law?
When is mediation more effective?
The judge actively encourages mediation when your conflict affects sensitive relationships (shareholders, family, long-term business relationship). Mediation offers advantages that a judgment doesn’t provide:
- Preserve business relationship through joint solution
- Custom agreements (judge can only grant what you claim)
- Confidentiality (no public judgment)
- Speed (1-3 sessions within 4 weeks)
- Lower costs (€1,500-3,000 total)
Approximately 60% of mediations end in agreement. If mediation fails, you still initiate summary proceedings – you lose only 2-3 weeks.
Settlement negotiations during Dutch proceedings
At the hearing, you often receive ‘tipping opportunities’ for settlement. The judge signals: “Your chances are around 50/50 – do you consider settlement?” This preliminary opinion helps parties realistically assess their position.
Successful settlement tactics:
- Formulate concrete commitments (“€15,000 within 30 days”)
- Offer non-monetary compensation (publication correction, trade name modification)
- Request postponement for consultation (judge usually grants 2-3 weeks)
- Record settlement immediately in minutes (prevents later discussion)
Settlement at the hearing saves you judgment costs and often provides outcome both parties can accept. Moreover, you prevent appeal and years-long legal battle.
What mistakes should you avoid in Dutch summary proceedings?
Procedural pitfalls
Submit evidence too late: Productions within 24 hours before hearing, the judge disregards. You lose crucial evidence because you missed the deadline.
Incomplete summons: Forgetting to substantiate urgent interest leads to inadmissibility. The judge dismisses your claim without substantive judgment.
Wrong court: An Amsterdam company summons Rotterdam defendant in Amsterdam. The judge declares themselves without jurisdiction – you start over with 3 weeks delay.
Insufficient productions: You refer in summons to “email dated March 12” but don’t attach this as production. The judge considers your statement as unproven.
Claim modification at hearing: You claim €50,000 in summons but raise this at hearing to €75,000. The judge rejects the increase due to violation of good procedural conduct.
Strategic mistakes
Underestimate defendant: You expect default but defendant appears with strong attorney and devastating defense. Your preparation fell short.
Emotional escalation: You accuse defendant at hearing of fraud without hard evidence. This undermines your credibility with the judge.
Lack of settlement willingness: You reject every compromise. The judge largely dismisses your claim and rules that you displayed unreasonable litigating behavior.
Insufficient urgency: You summon for dispute that has been ongoing for 8 months. The judge rules no urgent interest exists.
What are procedural rules and practical information in the Netherlands?
National Procedural Regulations Summary Proceedings Courts
All courts in the Netherlands have maintained harmonized procedural regulations since January 1, 2024. These regulations contain detailed provisions about:
- Application procedure and date determination (chapters 2 and 4)
- Digital proceedings via Mijn Rechtspraak (chapters 1 and 3)
- Service terms and shortening (chapter 5)
- Hearing procedure and speaking times (chapter 10)
- Judgment terms and postponement (chapter 12)
You find the complete regulations (80 pages) at rechtspraak.nl under ‘National regulations Civil law’. Study especially chapter 1 (general provisions) and chapter 10 (oral hearing) thoroughly.
Specific regulations Amsterdam court
Availability Summary Proceedings Team:
- Regular questions: 088-361 14 08 (working days 8:30-17:00)
- Super-urgent: 088-361 14 00 (24/7 control room)
- Email: kortgeding.ams@rechtspraak.nl
Standard hearing duration: 60 minutes (15 minutes speaking time per party). For complex cases, you request motivated extension to 90-120 minutes.
Judgment times: Varying per judge, usually 14:00. Inquire by telephone or via Mijn Rechtspraak.
Press regulation: Journalists can review from Friday 11:00 under embargo the first pages of summonses (except family cases). Complete summonses are available on hearing day.
Digital proceedings since 2023
Rotterdam court started October 2023 as pilot with fully digital proceedings in summary proceedings (commercial/family). Other courts follow phased in 2024-2025. Digital proceedings means:
- All communication proceeds via Mijn Rechtspraak
- No paper copies required anymore
- Automatic notifications for new procedural documents
- 24/7 access to digital file
- No registered mailings
Obtain access: Log in with attorney pass, eHerkenning, or DigiD (depending on your capacity). With technical problems on the last day of a term, exceeding is excusable.
When should you better not start summary proceedings in the Netherlands?
Situations where summary proceedings are counterproductive
No demonstrable urgent interest: Your dispute has been ongoing for 6 months and you can still wait 3 months. The judge declares you inadmissible and you waste €3,000-5,000.
Complex evidence investigation necessary: You want to prove fraud but need witness hearings and book investigation. Summary proceedings offer insufficient time for thorough investigation.
Definitive legal judgment required: You want to dissolve a contract or have it declared void. This is exclusively possible in main proceedings, not in summary proceedings.
Poor litigation chances: Three attorneys advise dismissal, but you want to “try anyway.” This costs money and worsens your position for possible main proceedings.
Strategic escalation undesired: You have consultation again tomorrow with the counterparty. Summary proceedings now definitively destroy the negotiation atmosphere.
Alternatives to summary proceedings
Collection procedure: For undisputed monetary claims above €25,000, the collection hearing (every Tuesday 10:00 Amsterdam) offers faster option than regular summary proceedings.
Arbitration: For international disputes or specialized matters (construction, IT), arbitration often works faster and more effectively than summary proceedings.
Binding advice: Parties jointly appoint an expert who decides bindingly. This costs €2,000-5,000 and delivers judgment within 4-6 weeks.
Disputes committee: For consumer disputes (for example webshops, telecom companies), industry committees offer cheap and swift solution (€75-150).
Direct writ of execution by bailiff: With authentic deeds (notarial agreements), you save the judicial route completely. The bailiff proceeds directly to execution.
Checklist: are you ready for summary proceedings under Dutch law?
Before you call the attorney
✓ Urgent interest objectively demonstrable: Concrete damage within 4 weeks if judge doesn’t intervene
✓ Evidence material complete: Contracts, correspondence, photos, witness statements ready
✓ Counterparty clearly identified: Correct name, address, Chamber of Commerce number (for companies)
✓ Budget available: Minimum €3,500 for complete procedure first instance
✓ Relationship definitively disrupted: You accept that further cooperation becomes impossible
✓ Alternatives considered: Mediation, binding advice, negotiation attempted unsuccessfully
✓ Clear end goal: You know exactly what you want from the judge (act, refrain, pay)
✓ Realistic expectation: You understand judgment is provisional and appeal possible
Red flags requiring further investigation
⚠ Limitation threatens: For commercial claims 5 years applies, for consumer cases 2 years
⚠ Jurisdiction question unclear: International aspects or multiple registered offices
⚠ Earlier proceedings ongoing: Shareholder conflict with parallel disputes at Enterprise Chamber
⚠ Insufficient liquidity defendant: Even with victory, execution becomes problematic
⚠ Complex legal questions: Preliminary questions to Supreme Court or European Court necessary
What are follow-up steps after summary proceedings in the Netherlands?
If you win the judgment
Immediate execution provisionally: The judgment is enforceable despite possible appeal. You engage a bailiff within 2 days for:
- Wage garnishment (maximum 90% net income above garnishment-free amount €1,350)
- Bank garnishment (complete balances, also savings accounts)
- Garnishment with third parties (debtors, rental payments)
- Convert conservatory attachment into executorial attachment
The bailiff first serves the judgment to the defendant. After 7 days without voluntary payment, forced execution follows. This costs €750-1,500 extra in bailiff costs.
Collect penalty payment: If the judgment contains penalty payment (for example €500 per day), you send specification to defendant every 14 days. Maximum 3 specifications without judicial intervention (total €42,000 at €500/day during 28 days). Beyond that, you require declaration for law.
If you lose the judgment
Analyze with your attorney:
- Why did the judge dismiss your claim?
- What evidence/argument should you have presented?
- Are new facts/evidence available for main proceedings?
- Do your litigation chances (>60%) justify main proceedings?
Consider appeal: Only sensible with legally incorrect interpretation or wrong fact-finding. Pure balancing of interests by the judge is virtually never successfully challengeable.
Start main proceedings: Here you receive 6-12 months for complete investigation. Witness hearings, expert reports, and extensive debate are possible. The main proceedings judge isn’t bound by the provisional summary proceedings judgment.
Conclusion: effective proceedings in summary proceedings under Dutch law
You start summary proceedings by systematically following these steps: engage specialized attorney, file thorough application, serve summons timely, and appear strongly at the hearing. However, success depends crucially on correct procedural conduct and realistic assessment of your position.
Therefore: invest in preparation, anticipate defense, and show settlement willingness where possible. Summary proceedings are a powerful instrument for those needing acute legal protection under Dutch law – but only if you master procedural rules and operate strategically.
Summarized:
- Urgent interest is absolute prerequisite (concrete damage within weeks)
- Attorney mandatory before preliminary relief judge, strongly recommended before district court judge
- Costs realistically amount to €3,000-5,500 first instance
- Judgment follows within 14 days, judgment is provisional but often definitively accepted
- 65-75% of provisional judgments are later confirmed by main proceedings judge
Do you doubt whether summary proceedings offer the right solution? Discuss your situation with a specialized attorney in Amsterdam. They analyze your litigation chances within one conversation, outline alternatives, and guide you when necessary through the entire procedure – from application to execution.
