Karel’s Legal BlogLOOKING FOR AN ATTORNEY / LAWYER / TAX ADVISER IN THE NETHERLANDS ANTILLES OR ARUBA?
Judge will balance interests
In general the court will take into account the detriment which the plaintiff in summary proceedings will suffer if he has to wait too long for a judgment in a procedure on the merits.
In summary proceedings the judge needs to balance the interests of the plaintiff and the defendant. In practice, this [...]
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Urgency is a requirement
Provisional measures may always be given in summary proceedings in civil cases if the claim meets the following three conditions: (i) there is an urgent interest at stake; (ii) the interests of both parties needs to be balanced; and (iii) the balancing of interests justifies a decision in summary proceedings.
The fact that [...]
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Attempting to obtain temporary instructions from the court
The procedure for provisional measures in summary proceedings (in Dutch: kort geding), a.k.a. interlocutory proceedings, is an interim injunction procedure before the court. Such proceedings, under Netherlands Antilles law, are aimed at obtaining temporary instructions from the court, not at receiving a final decision in the case.
These proceedings [...]
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Penalty payment of EUR 16 000 per day and lump sum payment of EUR 2 million
Press Release No 59/09 – 7 July 2009:
“In 2002, the Commission took the view that certain aid granted by Greece to Olympic Airways (OA) was incompatible with the common market for failing to comply with certain conditions initially laid down. [...]
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Internet service providers should act prudently regarding claimed copyright infringement
File sharing, as is commonly understood, involves distributing or providing access to electronically stored data. One, if not the most, popular way to do this is through the use of so-called (distributed) peer-to-peer (P2P) networking programs. The rising popularity of music formats such as mp3 (a [...]
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