Preliminary relief proceedings are the fast route in Dutch civil litigation. A party with an urgent interest asks the provisional relief judge for a provisional order, and a judgment normally follows within a few weeks of the writ.
Legal basis and requirements
Article 254 of the Dutch Code of Civil Procedure gives the provisional relief judge jurisdiction in all cases where, given the interests of the parties, an immediate provisional measure is required by reason of urgency. Urgency is the threshold: a claimant who waited a year before acting will find it hard to argue that a matter cannot wait for ordinary proceedings.
The decision is provisional. It binds the parties and is enforceable, usually with provisional enforceability, but it does not determine the legal relationship definitively; that remains for proceedings on the merits, which either party may start.
What it is used for
Typical claims are payment of an undisputed invoice, an order to perform or to cease, lifting an attachment, handing over goods or data, an injunction against a publication, and compliance with a contact arrangement. The judge decides on a summary assessment, which means the case must be capable of being explained without extensive evidence: witness examination and expert reports do not fit within the format.
How it runs
The claimant applies for a hearing date, serves the writ, and the hearing takes place on the appointed day, often within two to four weeks and much faster where the urgency demands it. The defence is usually presented orally and in writing at the hearing. The judgment follows at the hearing or within one to two weeks.
Where it goes wrong
The two recurring problems are urgency and complexity. A claim that has been dormant for months loses on urgency, and a claim that turns on disputed facts loses because the format cannot resolve them. A monetary claim faces an extra hurdle: the judge will consider the risk of the money not being recoverable if the claim later fails.
Related terms
See also prejudgment attachment, penalty payment and breach of contract.
Our civil law team conducts preliminary relief proceedings at short notice, for claimants and defendants.
