Our specialized and experienced Dutch lawyers in the Netherlands can file an application for proceedings for interim measures in urgent cases (in Dutch: kort geding). In this blog, we inform you about the requirements and possibilities of enforcing a claim with the help of proceedings for interim measures under Dutch law before a Dutch court. In another blog, we inform you specifically about the concept of interim relief under Dutch law and which matters may be affected by it.
Proceedings for interim measures under Dutch law must be requested by the applicant to the competent court. Proceedings for interim measures can take place before a subdistrict court (kantonrechter) or before the civil chamber of a district court (civiele kamer van de rechtbank). The applicant must fill out an application form and submit a conceptual writ of summons (including evidence). The court will examine the application and set a date, which, depending on the urgency of the case, can take up to six weeks from the application date. In highly urgent cases, the oral hearing can be planned earlier than one week. The writ of summons, including the date for the oral hearing, is served by a bailiff to the opposing party, which can be requested to appear before the court.
Besides the urgent character of proceedings for interim measures, another distinguishing feature
advantage of such a procedure is that the opposing party does not have to file a written statement of defence, be it that it remains possible to do so. If the opposing party does submit a written statement of defence, the oral hearing in proceedings for interim measures usually takes a bit shorter. As regards evidence in proceedings for interim measures, it must be noted that evidence – of each of the parties involved – can still be submitted to the court up to 24 hours before the oral hearing.
WHAT ARE THE REQUIREMENTS FOR a PROCEEDING for interim measures IN THE NETHERLANDS?
In the Netherlands, the procedure for interim measures is stipulated in Articles 254 to 260 of the Dutch Code of Civil Procedures. Depending on the nature of the case and the claim, proceedings for interim measures are heard either by a subdistrict court (staffed by a singular judge, namely the president of the court or his vice), or by a judge of the civil chamber of the competent district court. Oral hearings in proceedings for interim measures are usually swift and informal. Parties – if present – make oral statements, and the judge has the opportunity to ask specific questions about the facts of the case.
In civil proceedings for interim measures under Dutch law before a district court, legal representation is mandatory for the applicant, but not for the defendant. In civil proceedings for interim measures before a subdistrict court, legal representation is not mandatory. However, we strongly advise parties to consult a lawyer before initiating such proceedings to obtain expert advice on the case in question.
is the urgent character of a case requisite for Interim relief proceedings?
Yes, the claim in interim relief proceedings must be based on an urgent interest: immediate action must be taken, for example, to be able to stop a certain action by the opposing party with immediate effect. Besides the urgent character of a case, it is also necessary that, in view of its facts, circumstances and legal questions, it is feasible to decide on the case in such a short time frame. Consequently, if the judge is of the opinion that a case is too complex for a decision in proceedings for interim measures, the claim can be rejected for that single reason. After the hearing, the judge issues a decision within seven to fourteen days. Nonetheless, it is also possible that the judge delivers a (preliminary) decision at the hearing itself. In such an event, the written decision follows within a few days after the hearing.
Dutch LAWYER SPECIALIZED IN Proceedings for interim measures under Dutch law
Our Dutch lawyers in the Netherlands can support you from the beginning of the process with negotiations and on a strategic level. If the case escalates, we will act as your Dutch litigator in court. If you are in urgent need of a Dutch lawyer specialized in proceedings for interim measures under Dutch law, or a preliminary injunction and a court ruling, our law firm in Amsterdam can initiate interim injunction proceedings (an urgent procedure) on your behalf. Our Dutch trial lawyers in Amsterdam can act in the first instance before every government judge in the Netherlands. We are also happy to help if an appeal is lodged.