What is a Kort Geding? Dutch Summary Court Proceedings for Urgent Relief

Published on 25 January 2026 · Last updated 24 October 2026

A kort geding (summary proceedings, also called interim relief proceedings) is the Dutch fast-track procedure for urgent disputes. The relief judge (voorzieningenrechter) can order an immediate provisional measure in all urgent matters in which, given the interests of the parties, such a measure is required (Article 254(1) Dutch Code of Civil Procedure, DCCP). The decision is provisional and does not bind the court deciding the merits.

This page explains when a kort geding is available, how the procedure and its timing work, what it costs, how a judgment is enforced (including penalty payments), the risk of having to repay, appeal, and what applies to foreign companies. It also covers other interim measures under Dutch law. For a practical checklist, see how to start summary proceedings in the Netherlands.

How does kort geding jurisdiction work under Dutch law?

The relief judge of the district court has jurisdiction in all urgent matters that require an immediate provisional measure (Article 254(1) DCCP). In cases that the cantonal judge (kantonrechter) hears on the merits, the cantonal judge can also grant this relief (Article 254(5) DCCP). These include employment, commercial agency, rental and consumer sale cases, and claims of up to €25,000, unless the legal relationship on which the claim is based exceeds that amount and is disputed (Article 93 DCCP).

The ordinary rules on territorial jurisdiction apply. Unless the law provides otherwise, the court of the defendant’s domicile has jurisdiction (Article 99 DCCP). Other courts can also have jurisdiction, for example the court of the place where the work is usually performed in employment and agency matters (Article 100 DCCP) or the court of the place where the harmful event occurred in tort cases (Article 102 DCCP). A choice-of-court agreement can also designate the court, subject to the limits in Article 108(2) DCCP, for example for claims of up to €25,000 and employment contracts. Check the competent court before filing.

Summary proceedings are used in many areas: commercial contracts, intellectual property, unfair competition, employment, rental, defamation and family matters.

In practice, many summary proceedings never reach a hearing, because the defendant complies or the parties settle once the summons has been served.

What distinguishes kort geding from regular Dutch court proceedings?

A kort geding differs from ordinary proceedings on the merits (bodemprocedure) in four ways:

• Urgency. The claimant must have an urgent interest in an immediate provisional measure (Article 254(1) DCCP). Ordinary proceedings require no urgency.
• Speed. At the claimant’s request, the relief judge sets the day and hour of the hearing, Sundays included (Article 254(2) DCCP). Under the national procedural rules for summary proceedings (Landelijk procesreglement kort gedingen rechtbanken, 1 July 2025), judgment is given in principle two weeks after the hearing, unless a shorter or longer period is necessary, and it can also be given orally at the hearing (Articles 12.1 and 12.2).
• Provisional decision. Decisions in summary proceedings do not prejudice the case on the merits (Article 257 DCCP). The court deciding the merits is not bound by them.
• Limited investigation. The judge decides on the facts as they appear from the documents and the hearing. If the judge finds the case unsuitable for a decision in summary proceedings, the judge refuses the measure (Article 256 DCCP).

Ordinary proceedings take longer, with written submissions, an oral hearing (mondelinge behandeling) and, if needed, the taking of evidence. Once a judgment on the merits is final (in kracht van gewijsde), its decisions on the disputed legal relationship are binding between the same parties in other proceedings (Article 236(1) DCCP). See court proceedings in the Netherlands.

How do Dutch judges decide kort geding cases?

The statutory test is in Article 254(1) DCCP: the matter must be urgent, and an immediate provisional measure must be required given the interests of the parties.

In practice, the relief judge looks at three questions together: is there an urgent interest, how do the interests of both parties compare, and how likely is it that the claim would succeed in proceedings on the merits?

For a claim for payment, the Supreme Court has set out the test. The judge examines whether the claim is sufficiently plausible and whether there is an urgent interest, and in weighing the interests of the parties the judge also takes into account the risk that the money cannot be repaid if the claim later fails (restitution risk, restitutierisico) (Supreme Court 28 May 2004, ECLI:NL:HR:2004:AP0263, r.o. 3.5.1).

There is no full evidentiary procedure such as a separate witness hearing. If the outcome depends on facts that need further investigation, the judge can find the claim not sufficiently plausible, or refuse the measure because the case is not suitable for summary proceedings (Article 256 DCCP). A claimant who waits long before acting also risks the judge finding that there is no urgency.

What types of cases are suitable for kort geding proceedings?

Any urgent matter can be brought before the relief judge, as long as an immediate provisional measure is required (Article 254(1) DCCP). Typical examples in business disputes are:

• an order to perform a contract, for example to deliver goods or to continue supplies;
• a prohibition, for example to stop an infringement of intellectual property rights, a breach of a non-compete clause or an unlawful publication;
• an order to pay an advance on a claim that is hardly disputed (see below on the restitution risk);
• lifting a prejudgment attachment, for example if the claim appears summarily to be unfounded or the attachment unnecessary, or if sufficient security is provided for a money claim (Article 705 DCCP);
• suspending enforcement of a judgment or allowing it only against security in an enforcement dispute (Article 438(2)-(3) DCCP).

A kort geding is not the only route to interim measures under Dutch law. While proceedings on the merits are pending, each party can ask the court for a provisional measure for the duration of those proceedings, if the request is connected with the main claim (Article 223 DCCP). To secure a money claim before judgment, a creditor can ask the relief judge by petition for leave to levy a prejudgment attachment (conservatoir beslag) (Article 700 DCCP). Unless proceedings on the merits are already pending, the creditor must then start them within the period set by the judge, which is at least eight days after the attachment (Article 700(3) DCCP). See prejudgment attachment in the Netherlands.

How does the kort geding procedure work, step by step?

1. Application. The claimant files an application form with a (draft) summons. In commercial and family cases, a lawyer files the application; cantonal cases use a separate form. If the case is so urgent that the form cannot be filed during registry opening hours, the application can be made orally to the judge (national procedural rules for summary proceedings (Landelijk procesreglement kort gedingen rechtbanken, 1 July 2025), Article 2.1).
2. Hearing date. The relief judge sets the day and hour of the hearing, Sundays included, and can attach conditions that the claimant must observe (Article 254(2) DCCP).
3. Service. A bailiff serves the summons on the defendant, unless the parties appear voluntarily (Article 5.2 of the procedural rules).
4. Filing. The claimant files a copy of the served summons with the exhibits as soon as possible, and no later than three working days before the hearing, unless the registry decides otherwise (Article 5.3). Other documents are filed as soon as possible; documents filed within 24 hours (one working day) before the hearing are in principle disregarded (Article 3.16).
5. Hearing. Both parties present their case orally and the judge asks questions. Exhibits in English, German or French in principle need no translation (Article 3.15). A party that does not speak sufficient Dutch must arrange an interpreter at its own cost (Article 10.4).
6. Judgment. In principle two weeks after the hearing, or orally at the hearing (Articles 12.1 and 12.2).

Except in cases before the cantonal judge, the claimant must be represented by a Dutch lawyer (advocaat) (Article 79(2) DCCP). In those cases, the defendant may also appear in person, but not through a representative who is not a lawyer (Article 255(1) DCCP). A company that appears in person in a commercial case is represented by its director or by an authorised employee (Article 10.3 of the procedural rules). Before the cantonal judge, parties can act in person or through a representative (Article 79(1) DCCP).

The procedural rules apply at all district courts. Courts differ in practical matters, such as how quickly they can schedule a hearing and on-call arrangements for urgent applications outside office hours.

How much does a kort geding cost?

The costs of a kort geding consist of:

• Court fee (griffierecht). In summary proceedings, the fee is charged at the first hearing to each claimant and each defendant who appears, except a defendant in a case before the cantonal judge (Article 4(1)(b) Wgbz). The amount follows from the table attached to the Court Fees Act (Wet griffierechten burgerlijke zaken) and depends on, among other things, the type of party and the value of the claim (Article 3(1) and (5) Wgbz).
• Bailiff’s fees for serving the summons and, later, the judgment.
• Lawyer’s fees. As an indication from our practice, the lawyer’s fees for a straightforward kort geding are often between €5,000 and €10,000, excluding court fees. Urgent, complex or international cases can cost more.

The losing party is ordered to pay the costs of the proceedings. The judge can set off the costs if each party loses on some points (Article 237(1) DCCP). The judge sets the amount in the judgment (Article 237(3) DCCP), and this amount does not necessarily cover the actual lawyer’s fees. In cases on the enforcement of intellectual property rights, the losing party can be ordered to pay the reasonable and proportionate legal costs actually incurred, unless fairness opposes this (Article 1019h DCCP).

Budget also for a possible appeal (see below) and, if the dispute continues, for proceedings on the merits.

Is a kort geding judgment enforceable immediately?

Usually, yes. The relief judge can declare the judgment provisionally enforceable (uitvoerbaar bij voorraad), also of its own motion (Article 258 DCCP). An appeal then does not suspend enforcement (Article 350(1) DCCP). Before enforcement, the judgment must be served on the party against whom it is enforced (Article 430(3) DCCP).

Orders to do or not to do something are often backed by a penalty payment (dwangsom). The judge imposes one only at a party’s request, and not with an order to pay a sum of money (Article 611a(1) DCCP). A penalty cannot be forfeited before the judgment has been served, and the judge can set a period before which no penalty is forfeited (Article 611a(3)-(4) DCCP). The judge sets the penalty as a lump sum or as an amount per time unit or per violation, in the last two cases possibly with a maximum (Article 611b DCCP). A forfeited penalty belongs in full to the party that obtained the order, which can enforce it on the basis of the same judgment (Article 611c DCCP).

If compliance becomes permanently or temporarily, fully or partly impossible, the judge who imposed the penalty can lift it, suspend it or reduce it at the request of the party ordered to pay it, but not for penalties forfeited before the impossibility arose (Article 611d DCCP). A penalty is time-barred six months after the day it was forfeited, with suspension in the cases listed in the law, such as bankruptcy (Article 611g DCCP). More on penalty payments under Dutch law.

Is a kort geding judgment final, and what is the restitution risk?

No. Decisions in summary proceedings do not prejudice the case on the merits (Article 257 DCCP). Either party can start proceedings on the merits, and the court deciding the merits is not bound by the summary judgment. There is no general statutory obligation to start proceedings on the merits after a kort geding; in practice, parties often accept the outcome.

The provisional nature creates a risk for the party that enforces. If a provisionally enforceable judgment is set aside on appeal, the party that forced payment by threatening enforcement has in principle acted unlawfully and must compensate the damage. It also owes statutory interest from the day of payment, without a notice of default (Supreme Court 19 May 2000, ECLI:NL:HR:2000:AA5863, r.o. 3.4). Anyone who paid without a legal ground can reclaim the payment as undue (Article 6:203 Dutch Civil Code).

For claims for payment, the judge therefore takes the restitution risk into account (Supreme Court 28 May 2004, ECLI:NL:HR:2004:AP0263, r.o. 3.5.1). A guarantee that the money will be repaid is not required. The claimant’s financial distress does not rule out an award: it can itself create the urgent interest, although the judge must then weigh the restitution risk (Supreme Court 14 June 2002, ECLI:NL:HR:2002:AE0660, r.o. 3.4 and 3.6).

The judge can make provisional enforcement conditional on the provision of security (Article 233(3) DCCP). If no such condition was set and an appeal is lodged, the defendant can still claim security by a motion (Article 235 DCCP).

How do you appeal a kort geding judgment?

Appeal is not possible if the claim was for no more than €1,750, including interest accrued until the summons (Article 332(1) DCCP). An appeal to the court of appeal (gerechtshof) must be lodged within four weeks of the judgment, instead of the usual three months (Article 339(1)-(2) DCCP). In appeal, parties can only act through a lawyer (Article 353(1) DCCP). An appeal does not suspend enforcement of a provisionally enforceable judgment (Article 350(1) DCCP), but the court of appeal can suspend enforcement at a party’s request (Article 351 DCCP).

An appeal in cassation to the Supreme Court must then be lodged within eight weeks, twice the appeal period (Article 402(2) DCCP).

A defendant against whom judgment was given in default (verstek) can lodge an objection (verzet) with the relief judge (Article 259 DCCP). The period is four weeks, or eight weeks for a defendant with a known address abroad and none in the Netherlands, counted from service of the judgment on the defendant in person or from an act showing that the defendant knows of the judgment (Article 143(2) DCCP); otherwise, from the day the judgment is enforced (Article 143(3) DCCP). See appeal against Dutch summary proceedings.

Can foreign companies use, or be summoned in, a Dutch kort geding?

Yes. A foreign company can start summary proceedings in the Netherlands, and it can be summoned before a Dutch relief judge. Whether the Dutch court has international jurisdiction depends first on treaties and EU regulations, and otherwise on the Dutch rules (Article 1 DCCP). Under the Dutch rules, the jurisdiction of the Dutch court to order provisional measures cannot be challenged merely because it has no jurisdiction on the merits (Article 13 DCCP). Which treaty or EU rules apply depends on the case and on where the defendant is based; have this checked first.

• Service abroad. A defendant with a known address abroad and none in the Netherlands is in principle served through the public prosecutor’s office, with a copy sent by registered mail (Article 55(1) DCCP). Within the EU, a separate procedure applies (Article 56(1) DCCP). Service abroad takes time, so take it into account when requesting a hearing date.
• Language. The hearing takes place in Dutch. Exhibits in English, German or French in principle need no translation (Article 3.15 of the procedural rules), and a party that does not speak sufficient Dutch must arrange an interpreter (Article 10.4).
• Lawyer. A foreign claimant needs a Dutch lawyer, except before the cantonal judge (Article 79 DCCP). A foreign defendant may appear in person (Article 255(1) DCCP), but in practice it will usually instruct a Dutch lawyer.
• Enforcement abroad. Whether a Dutch summary judgment can be enforced in another country depends on the rules applicable in that country. Check this before you choose the forum.

The relief judge can grant any provisional measure that the urgency of the case requires, such as an injunction, an order to perform or an advance payment, if necessary with a penalty payment for non-money orders (Articles 254(1) and 611a DCCP).

How does kort geding fit within broader Dutch legal strategy?

A kort geding can stand on its own or be one step in a wider strategy. Parties use it to obtain a fast provisional order, to have a neutral judge assess the dispute at an early stage, or to create a basis for a settlement. The decision is provisional (Article 257 DCCP), but in practice parties often accept it and do not start proceedings on the merits.

Before you start, consider these questions:

• Is there real urgency, and have you acted quickly enough?
• Can the facts be shown with documents, or is extensive evidence needed (Article 256 DCCP)?
• If you claim payment: how high is the restitution risk, and can you offer security?
• What are the costs, and what is the risk of a cost order if you lose (Article 237 DCCP)?
• Is another interim measure more suitable, such as a prejudgment attachment (Article 700 DCCP) or a provisional measure in pending proceedings (Article 223 DCCP)?

Build these questions into your litigation strategy from the start of the dispute.

Frequently asked questions about kort geding

What is a kort geding in English?

Kort geding is usually translated as summary proceedings, or interim relief proceedings. The judge is the relief judge (voorzieningenrechter), who can order an immediate provisional measure in urgent matters (Article 254(1) DCCP). The decision is provisional: it does not prejudice the case on the merits (Article 257 DCCP).

How much does a kort geding cost?

The costs are the court fee under the Court Fees Act (Article 3 Wgbz; the amount depends on the type of party and the value of the claim), bailiff’s fees and lawyer’s fees. As an indication from our practice, lawyer’s fees for a straightforward case are often between €5,000 and €10,000. The losing party is ordered to pay the costs set by the judge (Article 237 DCCP), which do not necessarily cover actual lawyer’s fees.

How fast is a kort geding in the Netherlands?

In urgent cases, the relief judge sets the day and hour of the hearing at the claimant’s request, Sundays included (Article 254(2) DCCP). Under the national procedural rules, judgment follows in principle two weeks after the hearing, or orally at the hearing (Articles 12.1-12.2). How soon a hearing can take place depends on the urgency and the court’s schedule.

Can you appeal a kort geding judgment?

Yes, to the court of appeal within four weeks of the judgment (Article 339(2) DCCP). An appeal does not suspend a provisionally enforceable judgment, but the court of appeal can suspend enforcement at a party’s request (Articles 350(1) and 351 DCCP). Cassation is then possible within eight weeks (Article 402(2) DCCP).

Do you have to start proceedings on the merits after a kort geding?

There is no general statutory obligation to do so. Either party may start proceedings on the merits, and that court is not bound by the summary judgment (Article 257 DCCP). If a provisionally enforceable judgment is later set aside on appeal, the party that enforced it may have to repay with interest and compensate damage (Supreme Court, ECLI:NL:HR:2000:AA5863, r.o. 3.4).

Primary sources

• Dutch Code of Civil Procedure (Wetboek van Burgerlijke Rechtsvordering, version in force from 14 July 2026): Articles 1, 13, 55, 56, 79, 93, 99, 100, 102, 108, 143, 223, 233, 235, 236, 237, 254, 255, 256, 257, 258, 259, 339, 350, 351, 353, 402, 430, 438, 611a, 611b, 611c, 611d, 611g, 700, 705 and 1019h
• Dutch Civil Code (Burgerlijk Wetboek): Article 6:203
• Court Fees Act (Wet griffierechten burgerlijke zaken): Article 3
• Landelijk procesreglement kort gedingen rechtbanken, third version, 1 July 2025 (rechtspraak.nl): Articles 2.1, 3.15, 3.16, 5.2, 5.3, 10.2-10.4, 12.1 and 12.2
• Supreme Court (Hoge Raad): 19 May 2000, ECLI:NL:HR:2000:AA5863; 14 June 2002, ECLI:NL:HR:2002:AE0660; 28 May 2004, ECLI:NL:HR:2004:AP0263