What are summary proceedings (kort geding) in the Netherlands?

Dutch term: Kort geding | Legal basis: Articles 254 to 259 of the Dutch Code of Civil Procedure

Summary proceedings (kort geding) are accelerated civil proceedings before the preliminary relief judge (voorzieningenrechter) of a Dutch District Court. They deliver a provisional, immediately enforceable judgment within a matter of weeks rather than the twelve to eighteen months typical of regular merits proceedings. Summary proceedings are available when the claimant has an urgent interest (spoedeisend belang) that cannot wait for the normal procedural timeline.

The procedure is regulated by articles 254 to 259 of the Dutch Code of Civil Procedure. The claimant drafts and serves a summons (dagvaarding) on the defendant via a bailiff. A hearing is scheduled within two to four weeks, and the judge typically delivers a ruling within two to four weeks after the hearing. For genuinely urgent matters, timelines can be compressed further.

Common uses of kort geding in commercial practice include payment orders for undisputed invoices, injunctions to stop unlawful conduct, orders for specific performance reinforced by a periodic penalty payment (dwangsom), emergency decisions on contractual termination, and post-attachment validation proceedings following a pre-judgment attachment (conservatoir beslag).

The ruling is provisional rather than final: either party can subsequently start regular merits proceedings. In commercial practice, however, most kort geding rulings effectively end the dispute because neither side has an economic incentive to continue after the preliminary ruling.

Why it matters for international businesses

For international businesses facing an urgent Dutch-law dispute, kort geding is often the fastest route from problem to enforceable court order. Combined with pre-judgment attachment, it forms one of the most effective procedural packages in European commercial litigation. MAAK Advocaten handles summary proceedings regularly for international clients. Contact us for an initial assessment at no charge.