Spoedeisend belang
Urgent interest
Urgent interest is the requirement that a party demonstrates an acute need for an immediate judicial decision, as ordinary proceedings would take too long.
In Dutch law, urgency is an important requirement for instituting summary proceedings. The claimant must demonstrate the existence of an urgent situation in which delay would cause irreparable harm, such as in cases of eviction, the cessation of an unlawful act or the protection of intellectual property.
This requirement prevents summary proceedings from being used for matters that are more appropriately dealt with in proceedings on the merits. The judge in summary proceedings assesses whether the interest is sufficiently urgent to justify provisional relief.
In practice, urgency is often accepted in ongoing disputes where speed is essential to limit further damage.
“The claimant demonstrated a sufficient interest warranting interim relief, as the unlawful publication caused daily reputational damage and immediate rectification was necessary.”
Related articles
Need legal advice?
Schedule a free consultation with one of our specialists