NETHERLANDS Law and Practice Contributed by: Yvette Borrius, Emille Buziau, Marit Balkema and Daphne Beunk, Florent B.V.
7.8 General Timeframes for Proceedings In ordinary commercial disputes, it may take 12–18 months from the moment a writ of sum - mons is issued to obtain a final judgment. This period may be considerably longer in complex cases, if motions or procedural issues are raised, or if further evidence (eg, by means of witness hearings or an expert opinion) must be taken. A judgment in preliminary relief proceedings may be obtained immediately at the hearing, within a day (both in cases of extreme urgency) or within a few weeks. In general, settlements agreed between par- ties to a lawsuit do not require court approval. Settlements are generally incorporated in a set- tlement agreement ( vaststellingsovereenkomst ) (Section 7:900, DCC). A settlement reached dur- ing a hearing may be recorded in an enforceable court record. The court facilitates this but does not grant approval. Court approval is required for a specific collec- tive arrangement for the settlement of large- scale loss in accordance with the Collective Mass Claims Settlement Act (WCAM), con- tained in Sections 7:907-910 of the DCC and Sections 1013-1018 of the DCCP. The WCAM enables parties to mass claims settlements to jointly request the Amsterdam Court of Appeal to declare the settlement agreement generally binding. Such declaration binds all persons cov- ered by the terms of the agreement (known and unknown, both in the Netherlands and abroad), unless such person opts out by written declara- tion within a court-determined period. WCAM proceedings can be, and have been, also used 8. Settlement 8.1 Court Approval
courts facilitate (foreign) parties to join physical court hearings by videoconference. Through live streaming facilities (if available), other interested parties, including press, can attend court hear- ings as well. 7.7 Level of Intervention by a Judge In the Dutch legal system, the scope of a civil law dispute is determined by the parties. In princi- ple, the judge may not grant or dismiss a claim that is outside of the debate between the parties. During hearings, the judge may play an active role. Some judges leave the debate mostly to the parties, while others keep a firm hold on the reins and pose questions during the hearing to the parties present (which could be supported by the new Act on Modernisation and Simplifica- tion of the Law of Evidence (see 14.1 Proposals for Dispute Resolution Reform ), clarifying the role of the judge in establishing the truth). There is an increasing degree of case management by judges, which allows a more active approach on the grounds of establishing the truth. Dutch courts have recently adopted an almost, some would say, “activist” approach in climate litiga- tion cases such as Milieudefensie, v Royal Dutch Shell and Urgenda v the Dutch State. In principle, a written judgment is given six weeks after the oral hearing. This date tends to be extended repeatedly. A judge may, in urgent matters, give an oral judg- ment at the end of a hearing in preliminary relief proceedings or proceedings to obtain immedi- ate relief measures before the Enterprise Court. An oral judgment immediately after the hearing is also possible in proceedings on the merits, albeit rare.
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