NETHERLANDS Law and Practice Contributed by: Yvette Borrius, Emille Buziau, Marit Balkema and Daphne Beunk, Florent B.V.
6.4 Liability for Damages for the Applicant
parties who fear the violation of their rights may join or intervene in proceedings between other parties to protect their rights (see 4.4 Require- ments for Interested Parties to Join a Lawsuit ). 6.7 Consequences of a Respondent’s Non-compliance A respondent that fails to comply with the terms of an injunction may face the same consequenc- es as those suffered for not complying with a regular judgment. It is common to demand that the requested interim relief is subject to a pen- alty. The Dutch legal system distinguishes between civil proceedings that are initiated by a sum- mons ( dagvaarding ) and by an application ( ver- zoekschrift ). The law dictates which type of pro- ceedings will be applicable. Both proceedings are largely conducted in writing. In proceedings commenced by a summons, a claimant sets out its claim in a summons which is consequently served to the defendant by a bailiff (see 3.5 Rules of Service ). The defendant responds in a statement of defence within six weeks. A defendant may lodge a counterclaim in its statement of defence after which the original claimant has six weeks to respond to the coun- terclaim in a statement of defence in counter- claim. After the written round of arguments, the court will usually order an oral hearing (Section 131, DCCP). Alternatively, the court can proceed to a second written round (reply and rejoinder). An oral hearing can then be ordered upon the request of (one of) the parties (Section 87(8), DCCP). 7. Trials and Hearings 7.1 Trial Proceedings
Due to its preliminary nature, enforcement of judgments in preliminary relief proceedings might be unlawful if the executor does not suc- ceed in proceedings on the merits. The execu- tor is then liable for the damages suffered by the opposing party as a consequence of the enforcement. The same applies to the party that has levied a pre-judgment attachment. For this reason, the court can allow the enforcement of a judgment or the levy of a pre-judgment attach- ment on the condition that security is furnished (Section 233(3) DCCP and Section 701, DCCP, respectively). 6.5 Respondent’s Worldwide Assets and Injunctive Relief The Dutch legal system does not as such pro- vide for injunctive relief against worldwide assets of the respondent. However, under the Brussels I Regulation Recast a party can apply to the Dutch court for a cross- border provisional or protective measure, pro- vided that this measure would also be within the jurisdiction of the proceedings on the merits of the case. If this concerns an ex parte order, this can only be enforced in other EU member states after the decision has been pronounced. Accordingly, the practical relevance of this pos- sibility is limited. Additionally, a European pre-judgment attach- ment can be levied on bank accounts pursuant to the European Account Preservation Order (EAPO). 6.6 Third Parties and Injunctive Relief Provisional and protective measures may only be obtained in respect of parties that are involved in proceedings. If they have sufficient interest, third
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