SUMMARY PROCEEDINGS IN THE DUTCH CARIBBEAN (II)

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 …
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18
Jul 2009
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SUMMARY PROCEEDINGS IN THE DUTCH CARIBBEAN (I)

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 are characterized by their more or less summary character and their relatively quick nature. There is a clear relationship to a procedure on the merits, which always may be instituted and sometimes even must be followed. Provisional measures that are prescribed in summary …
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11
Jul 2009
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THE EUROPEAN COURT OF JUSTICE IMPOSES TWO-FOLD PENALTY ON GREECE

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. The aid had to be recovered without delay. Faced with inertia from Greece, the Commission first made an application to the Court in 2003. A judgment holding that Greece had failed to fulfil its obligations was delivered in 2005 (Judgment …
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07
Jul 2009
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