Summary proceedings (kort geding) in the Netherlands

Have you received a summons for summary proceedings? Contact us the same day: the hearing may be only days away.

• You want a former employee or business partner to stop breaching a non-compete or confidentiality clause.
• A counterparty refuses to deliver, pay or perform, and your business suffers every day.
• Your employer stopped paying your salary, or refuses to let you work.
• Defamatory statements about you or your company are online and must be removed.
• A tenant, landlord or neighbour must act or stop acting now.
• You received a summons for summary proceedings and need to defend yourself quickly.

Summary proceedings are fast proceedings before the preliminary relief judge (voorzieningenrechter) of the district court, for matters that require an immediate provisional measure (Article 254 of the Dutch Code of Civil Procedure, Rv). The judge can order a party to do something, to stop doing something, or to pay an advance.

The decision is provisional: it does not finally settle who is right. Either party can still start ordinary proceedings (bodemprocedure). In practice, parties often accept the outcome of summary proceedings and do not go further.

You must show an urgent interest: waiting for the outcome of ordinary proceedings cannot reasonably be expected of you. The judge also assesses how likely it is that your claim would succeed in ordinary proceedings.

For a claim to pay money, the judge is reluctant. It must be very likely that the claim exists, and the risk that the money cannot be recovered if the decision is later reversed plays a role. The judge decides on the basis of documents and a short hearing. Extensive witness evidence or expert reports do not fit in summary proceedings.

A hearing can usually be scheduled within one to six weeks, and in very urgent cases within days. The judge often gives a decision within two weeks after the hearing, and sometimes orally at the hearing itself.

In employment, tenancy and consumer matters, summary proceedings can also be brought before the subdistrict court judge. There, you may conduct the case yourself. Before the district court, the claimant must be represented by a lawyer; the defendant may appear in person, but cannot then bring a counterclaim.

Yes. The appeal period is four weeks from the date of the judgment (Article 339 Rv), which is shorter than the usual three months. A decision is usually enforceable immediately, even if the other party appeals.

If you enforce a decision that is later reversed, you may have to compensate the damage the other party suffered. Weigh that risk before you enforce. See our appeal lawyers page for the appeal procedure.

1. First contact: tell us briefly what is going on and send us any summons or correspondence. We let you know within one working day whether we can help and which deadlines apply.
2. Advice and cost estimate: we assess urgency, chances and the costs risk, and give you an estimate of the costs in advance.
3. Demand and summons: we send a final demand and, if needed, draft and serve the summons, or prepare your defence.
4. Hearing and follow-up: we plead your case, negotiate a settlement where possible, and enforce or appeal the judgment.

Court fees (griffierecht) and bailiff's costs are charged separately. The court fees depend on the type of party and the value of the claim, and are listed on rechtspraak.nl. The losing party is usually ordered to pay a fixed contribution to the other side's legal costs. Legal aid through the Legal Aid Board (Raad voor Rechtsbijstand) exists, but we do not work on that basis.

Your case is handled by one of our litigation lawyers; after your first contact you will hear who. Where the dispute concerns a specific area, such as employment or corporate law, the lawyer who practises that area is involved. You can meet the lawyers on our team page. For civil proceedings in general, see our civil procedural lawyer page.