6.11.1 Introduction

In all urgent cases which require an immediate remedy, taking into consideration the interests of the parties involved, interlocutory proceedings (kort geding) can be used.1 In the interlocutory proceedings, the immediate remedies judge (voorzieningenrechter) is entitled to order immediate remedies (onmiddellijke voorzieningen) pursuant to Art. 254 Rv. In the Netherlands, interlocutory proceedings are important, often used and efficient proceedings that facilitate parties to obtain an immediate remedy in a very short period. If necessary the immediate remedies judge gives judgment within a day. Moreover, if the immediate remedies judge grants a request, he can declare the immediate remedy provisionally enforceable.

The interlocutory proceedings have some limits. An immediate remedies judge can deny a request if he is of the opinion that the case is not appropriate to deal with in the interlocutory proceedings. This can be the case when there is no urgent need for an immediate remedy or when the immediate remedy is not in the interest of the parties involved. Nonetheless, an immediate remedies judge must be reticent in denying a request on the basis that the case is not appropriate to be dealt with in interlocutory proceedings.2

It is relevant to note that immediate remedies can be, but not necessarily are, of a temporary nature.3 One of the parties involved may initiate main proceedings (bodemprocedure). It is also possible that parties are already involved in main proceedings. Main proceedings are regular proceedings such as the exit proceedings. The court involved in the main proceedings is not bound by the decision of the immediate remedies judge.4 Nonetheless, it is not required to initiate or continue main proceedings to be entitled to start interlocutory proceedings.