Is your case a matter of urgency? If so, instead of instituting proceedings on the merits, you can institute preliminary relief proceedings. Preliminary relief proceedings are relatively quick legal proceedings in which the judge (the so-called “preliminary relief judge”) will give a decision within a few weeks (and sometimes even within a few days). This decision will be a prohibition, an order to desist or an order to pay a sum of money (collection). 

The purpose of preliminary relief proceedings

Preliminary relief proceedings differ from normal proceedings (on the merits) as follows:

  • You need a lawyer to institute preliminary relief proceedings.
  • The matter you are referring to the judge in preliminary relief proceedings is urgent.
  • You will usually receive a decision within a maximum of two months. This is in contrast to normal proceedings on the merits, in which a decision may sometimes take months (or years) to come through.
  • The decision in preliminary relief proceedings is a provisional relief measure (i.e. the decision anticipates a final judgment in proceedings on the merits).
  • After a judgment in preliminary relief proceedings, you have four weeks to appeal through a lawyer (this period is three months in proceedings on the merits).

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Broad support for your organisation

VIOTTA’s litigation lawyers have many years of litigation experience (national and international) at various law firms and they often conduct preliminary relief proceedings. They have the required expertise and experience to assist you in these proceedings. Whether you need advice on how to apply for preliminary relief proceedings, what defence options are available or how to “collect” under a judgment, we are here to help you. It does not matter whether you are a plaintiff or a defendant in preliminary relief proceedings.

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Assistance after preliminary relief proceedings

If you engage a lawyer from VIOTTA, you are assured of the assistance of a skilled and experienced litigation lawyer. Not only can preliminary relief proceedings be a means to win your case quickly. Sometimes preliminary relief proceedings are an excellent way of forcing a settlement. We will also be pleased to assist you if you wish to appeal against a preliminary relief judgment through a lawyer.

Need advice in preliminary relief proceedings? VIOTTA is here for you

Do you want to institute preliminary relief proceedings or have you been summoned and are you looking for an experienced litigation lawyer? If so, contact VIOTTA. Because of our specific expertise and many years of experience, we are familiar with the subject matter and we know how to efficiently handle the most complex cases, also in preliminary relief proceedings. We always take the costs into account so you will not be confronted with an unpleasant surprise afterwards. Contact us, we are pleased to help you.

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VIOTTA is a law firm based in Amsterdam, specialising in providing advice in the areas of corporate law, mergers and acquisitions, contract law and corporate & commercial dispute resolution. We advise in transactional matters and litigate in commercial disputes. VIOTTA provides legal advice to its clients on Dutch corporate law matters, such as corporate governance, board structures, directors’ duties and liabilities, joint ventures and other collaborations. VIOTTA advises purchasers, sellers, management and other stakeholders in domestic and cross-border mergers and acquisitions (M&A).

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