NETHERLANDS Law and Practice Contributed by: Yvette Borrius, Emille Buziau, Marit Balkema and Daphne Beunk, Florent B.V.
discharged from the obligation to produce docu- ments. Correspondence between lawyers may be dis- closed, unless at least one of the involved law- yers has indicated otherwise before sending the first correspondence and the other involved lawyer has accepted such confidentiality obli- gations. Correspondence between lawyers on settlement negotiations cannot be disclosed without the other party’s consent. 6. Injunctive Relief 6.1 Circumstances of Injunctive Relief In urgent matters, a party may request injunc- tive relief in summary proceedings (Section 254, DCCP). Summary proceedings are not aimed at providing a final decision (eg, the annulment of an agreement cannot be provided in summary proceedings). The most common remedies are orders to do something (eg, specific perfor- mance), orders to refrain from something and the order to pay a sum of money owed. The system of injunctive relief is an open one and, in prin- ciple, any injunction can be requested from the court insofar as it is temporary in nature, such as suspension of the execution of a court ruling, imposing a ban and ordering the performance of an agreement (Section 3:296, DCC). Alternatively, a party may file a motion for injunc- tive relief at any stage of the pending proceed- ings on the merits (Section 223, DCCP). The injunction applies until a decision is reached in any proceedings on the merits of the case. As regards business law disputes, the Enterprise Court of the Amsterdam Court of Appeal may order far-reaching immediate relief if there are well-founded reasons to doubt a sound policy
or a proper course of affairs within a company, or if immediate relief is required in connection thereto (eg, the temporary suspension of direc- tors, appointment of interim directors, or transfer of shares to a nominee). 6.2 Arrangements for Obtaining Urgent Injunctive Relief A preliminary injunction hearing can take place every day – including Sundays – and at any hour, either inside or outside the courthouse. The court in preliminary relief proceedings deter- mines the place, date and time of the hearing. If the urgency of the case so warrants, an oral hearing can take place within a few hours, fol- lowed by an oral judgment. The courts usually provide a decision within two to four weeks. 6.3 Availability of Injunctive Relief on an Ex Parte Basis Ex parte applications under Dutch law are limited to pre-judgment attachments and the enforce- ment of intellectual property rights. An ex parte application for pre-judgment attach- ment can result in permission to arrest shares, claims (including bank accounts), movable and immovable property, ships, aircraft and other assets (Sections 711–729e, DCCP), but also evi- dence (Section 730 in conjunction with Section 843a, DCCP). These applications aim to prevent the removal of assets or documentary evidence. Applications for pre-judgment attachments on wages and several other periodic payments (eg, pensions) are not administered on an ex parte basis. The court may, as immediate relief for the benefit of a holder of intellectual property rights, issue an injunction against an infringing party so that imminent infringement is prevented, or incurred infringement is ended (Section 1019e, DCCP).
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