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 the judge in summary proceedings (hereafter: “the judge”) is formally competent to render a decision, does not imply that he will accept the claim or will decide in favor of it. The nature of summary proceedings implies that the case not only needs an urgent decision, but that its nature is also such that it may be dealt with summarily.

The judge has a wide latitude in deciding on the necessity of allowing a proceeding in summary proceedings. It is within his competence to decide whether a case requires an urgent decision and is therefore suited to be dealt with in summary proceeding. The condition of urgency implies the question of whether waiting for a judgment in a procedure on the merits may cause great or irreparable damage.

Karel Frielink / Ursus van Bemmelen
Netherlands Caribbean Attorneys / Lawyers


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