Summary proceedings

Summary proceedings: fast legal protection in emergencies

Are you dealing with a legal dispute where postponement could cause irreparable damage? In that case, summary proceedings offer a solution. This is an expedited procedure in court, intended to quickly obtain clarity in urgent situations.

What is a summary proceeding?

A summary proceeding is a provisional judicial procedure in which the provisional judge makes a quick ruling. The ruling aims to temporarily regulate the situation, pending a definitive decision in a substantive procedure. Think, for example, of a ban on strikes, a visitation arrangement, or an eviction from a property.

When are you eligible?

For a summary proceeding, there must be an urgent interest. This means that postponement of the decision could lead to irreparable harm. The party requesting the provision must demonstrate this interest. In practice, the judge quickly assumes that this is the case if the nature of the matter requires it.

What measures are possible?

In a summary proceeding, it can be demanded that a party does something or refrains from doing something. Examples include stopping deliveries, cooperating with a transfer, or paying a sum of money. Although monetary claims are rarely granted, they are not excluded. To prevent risks of wrongful payment, the judge may also require alternative security.

Penalty for non-compliance

To enforce compliance with the ruling, the judge can impose a penalty. This is a monetary amount that must be paid for each violation of the ruling, up to a specified maximum. The penalty becomes enforceable as soon as the ruling is officially served by a bailiff.

Need help with a summary proceeding?

If you urgently need legal assistance for a summary proceeding, we have extensive experience with urgent procedures and can guide you effectively and decisively. Contact us for legal advice or immediate support.