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Summary proceedings are an expedited procedure in which the judge issues a provisional ruling within 4–8 weeks — for situations that cannot wait for a main trial. Typical applications: payment arrears with a major client, imminent breach of contract, IP infringement, immediate injunction. Condition: demonstrating an “urgent interest.” Costs: €3,000–€10,000 for a lawyer plus court fees. Below, you will find information on when summary proceedings are appropriate, how the procedure unfolds, and what Lars does in a supplier dispute.
The short answer
- What: expedited procedure for a preliminary ruling by the judge.
- Condition: urgent interest — do not wait for the main proceedings.
- Duration: 4-8 weeks from summons to judgment.
- Costs: €3,000-€10,000 lawyer + €191 court fees (legal entity, 2024).
- What demands: prohibition, injunction, advance payment.
When is summary proceedings appropriate?
Typical situations:
- Non-payment of large receivable — urgent because liquidity is at risk.
- Impending breach of contract (non-compete clause, confidentiality).
- IP infringement where continuation increases the damage.
- Upcoming publication with unlawful content.
- Eviction from a non-paying tenant.
- Attachment procedures.
- Preservative attachment (for security of a claim).
No summary proceedings for: complex disputes requiring extensive evidence — for those, a case on the merits.
Urgent interest
Main requirement: demonstrating that it is not possible to wait for the main proceedings (typically 1-2 years). Aspects:
- Concrete threat of irreparable damage.
- Time elapsed since discovery: the faster, the greater the urgency.
- Nature of damage: substantial financial, reputation, health.
Not sufficient: merely “it is important to me”. The judge carries significant weight.
Procedure
- Engaging a lawyer: summary proceedings require a lawyer (mandatory above €25,000).
- Drafting a summons: facts, legal argument, claim, evidence.
- Request date: the court sets the hearing date (often 2-4 weeks in advance).
- Serving a summons: bailiff on the opposing party.
- Hearing: usually 1-2 hours, both parties plead.
- Ruling: judgment within 1-3 weeks after the hearing.
- Enforcement: penalty payment or seizure for non-compliance.
What can you demand?
- Prohibition: order to stop something (production, publication, use of intellectual property).
- Command: command to do something (pay invoice, fulfill contract).
- Advance payment: provisional payment on demand.
- Penalty payment: €1,000–€25,000 per violation, with a maximum.
- Evacuation: vacate premises within the specified period.
Land dispute following summary proceedings
A summary judgment is provisional. The opposing party may initiate proceedings on the merits for a final ruling. In practice: in 80% of cases, the summary judgment stands — both parties accept it or settle. Sometimes parties voluntarily withdraw after a defeat in summary proceedings.
Lars's supplier dispute
Lars has a supplier who refuses to pay a €75,000 claim. Supplier closed factory, threatens to go bankrupt:
- Urgent: without a swift ruling, money will be lost in the event of bankruptcy.
- Summary proceedings: claim €75,000 + penalty payment €5,000/day.
- Judgment after 5 weeks: the supplier must pay.
- Simultaneous provisional attachment of supplier's stock — security.
Lars's costs: €7,500 lawyer + €191 court fees. Recoverable from the opposing party if they win.
Honest recommendation
For urgent disputes (business claims, IP infringement, breaches of contract): summary proceedings can provide clarity within weeks. Urgency is decisive — acting within 1-2 months of discovering the problem strengthens your position. Invest in a good lawyer with litigation experience — €5,000-€10,000 is standard but recoverable if you win.
For other topics: engaging a collection agency, pro forma notice of appeal , and interruption of the statute of limitations.
Frequently Asked Questions
Expedited proceedings before the preliminary relief judge for a provisional ruling — typically within 4-8 weeks. For situations that cannot wait for the main proceedings (1-2 years). Requires urgent interest.
In cases of non-payment of a large claim, impending breach of contract, intellectual property infringement, impending unlawful publication, eviction, and provisional attachment. Not for complex evidentiary issues — for those, a substantive case.
Lawyer: €3,000–€10,000 depending on complexity. Court fees: €191 (legal entity, 2024) or €91 (natural person). In case of winning: costs to be borne by the opposing party. In case of losing: bear the costs yourself.
Demonstrate that one cannot wait for the main proceedings — concrete threat of irreparable damage, short time elapsed since discovery, and severe nature of the damage. The judge weighs the evidence critically.
Lawyer drafts summons → requests court date → served by bailiff → hearing (1-2 hours, both parties plead) → judgment 1-3 weeks later → enforcement with possible penalty payment.
A summary judgment is provisional — the opposing party can initiate proceedings on the merits for a final ruling. However, in 80% of cases, the summary judgment stands — both parties accept it or settle.
Mandatory above €25,000. Below that amount it is permitted, but discouraged — summary proceedings are complex and formal. A good litigation lawyer significantly increases the chance of success.
