Summary proceedings in The Netherlands

In our goal to add more information on civil proceedings and corporate litigation in The Netherlands on our website, we have now renewed the chapter on summary proceedings in The Netherlands. The renewed chapter on summary proceedings can be read here. 

Representation by a Dutch attorney

Summary proceedings (in Dutch: kort geding – the term means “short proceedings”) are frequently conducted in The Netherlands, since a breakthrough can be forced in many cases. “Kort geding” is also translated in English as interlocutory proceedings, preliminary relief proceedings, or preliminary injunction proceedings. Summary proceedings are conducted before the president of the district court. The proceedings start with a writ of summons drafted by a lawyer. These summary proceedings shall take place at a date and time that is scheduled by the judge.  The defendant may file a written defence before the hearing, but he must also appear on the court hearing – either in person of represented by a Dutch attorney.  The president hears both parties; after the hearing, the president will give judgment.

Amsterdam law firm specialized in summary proceedings

The judge only allows the claim if he is of the opinion that there is no reasonable doubt that the claim would also be awarded in proceedings on the merits. In other words: if the case is too complex, or if the judge is not sure on whether the claim should be awarded or not, the claim shall be denied. Summary proceedings usually can be held within one month, and can  be concluded within 6 weeks to 2 months. A judgment in summary proceedings is subject to appeal; however, a judgment in summary shall have no binding effect in proceedings, even if  no appeal has been lodged.

Dutch lawyer in Amsterdam

AMS Attorneys is a law firm in Amsterdam, The Netherlands, only 20 minutes from Amsterdam Airport (Schiphol). The attorneys with AMS have gained a broad experience in advising and litigating for (international) companies and individuals. AMS’s attorneys focus on corporate law, real estate (among which commercial tenancy law), insolvency and restructuring, and contract law. The attorneys are highly involved with their client’s interests and offer a sharp and transparent fee structure. Should you require more information on summary proceedings, or should you have any question with respect to litigation in The Netherlands, please feel free to contact us.