Do I need a lawyer for summary proceedings?

In summary proceedings the claimant is required to engage a lawyer. This does not apply to the defendant, who may also conduct the proceedings without a lawyer.

How quickly does the court give judgment?

In most cases within two weeks of the hearing. The hearing usually follows one to three weeks after the writ of summons. Where a television broadcast is scheduled, the court can give judgment the same day.

Can the other party appeal against the judgment?

Yes, but that does not suspend enforcement. The other party must comply with the judgment while the appeal is pending.

Can I obtain damages as well?

An advance payment is possible, but is not often awarded. For a full damages procedure you will normally need proceedings on the merits.

Can I bring proceedings if I do not know the publisher's identity?

Yes. Through the court you can request platform data in order to establish the identity. That adds a step, but it does not rule out summary proceedings.

What does it cost if I lose?

You bear your own legal fees and may have to pay a contribution towards the other party’s costs. That contribution is as a rule limited. We always discuss this scenario in advance.

Summary proceedings over an unlawful publication

The letter of claim has not worked. A damaging publication is online, a broadcast is due this evening and you want to act now. Summary proceedings are then the route.

Summary proceedings over an unlawful publication are urgent proceedings before the court in which you can claim removal, rectification or a publication ban, often within two to six weeks. Where matters are extremely urgent the court can give judgment the same day. It is the fastest way of using the court to put a stop to a damaging publication.

Do you want to start summary proceedings? Get in contact with Merel Teunissen or call 020 675 88 21. Where it is urgent we can act the same day.

When do you opt for summary proceedings?

Summary proceedings are appropriate where there is an urgent interest and where out-of-court solutions, a letter of claim or a report to the platform, have not worked or are not fast enough.

In my practice these are the situations I see most often: an article with serious, inaccurate accusations that damages your business and which the publisher refuses to remove. A television broadcast going out this evening with accusations that are not correct. A former partner who keeps posting damaging items despite a letter of claim. A competitor publicly accusing your business of fraud.

Reputational harm is by definition continuing: every hour an item stays online, it reaches more people. Waiting too long before acting weakens the argument of urgent interest before the court.

Is a broadcast scheduled? Then you can sometimes still intervene before publication by way of a publication ban. That is a heavier remedy still and calls for even stronger substantiation.

What can you claim?

What can you ask for in concrete terms? Removal is claimed most often: the defendant is required to take the article, broadcast or post offline and keep it offline, including a prohibition on repeating it in amended form. Alongside that you can claim a rectification, where the court determines what the rectification says, where it is placed and how long it stays visible. The two are often combined. An advance on damages is also possible, but the court is reluctant to grant it.

A penalty payment is almost always attached to the judgment, for each day or each breach where the defendant fails to comply, which makes compliance financially enforceable against the other party.

How do the proceedings unfold?

We draw up a writ of summons, which a bailiff serves on the other party. The writ sets out your claims and the reasons why the publication is unlawful. The court then schedules a hearing, usually within two to six weeks. At the hearing both parties explain their position and the court asks questions. Judgment then follows, usually within two weeks.

The judgment is immediately enforceable. That means the publisher has to comply straight away, even if an appeal is lodged.

With an imminent broadcast or another acute situation the court can give judgment the same day. That calls for a more tightly prepared writ and for the lawyer to be available at once.

For damages, summary proceedings are often not enough. Proceedings on the merits are usually needed for that, which take months to years but give a final ruling. In media law cases those proceedings on the merits follow only where a substantial damages claim is at stake. After judgment in summary proceedings the publication has in most cases been removed or rectified, which often resolves the acute problem.

What if the other party does not comply after judgment?

Then the penalty payment takes effect. Does the other party appeal? In most cases that does not suspend the judgment. The penalty payment keeps running. If the other party does not pay, you can have assets attached through a bailiff.

How quickly do you need to act?

As quickly as possible. Every day a damaging publication stays online increases its reach and with it the harm. Anyone who has waited a long time has a weaker argument on urgent interest.

What do summary proceedings over an unlawful publication cost?

Reckon on €8,000 to €20,000 excluding VAT. That covers the intake, the legal assessment, the writ of summons and arguing the case at the hearing. Complex cases with a great deal of evidence or international aspects can work out more expensive. On top of that you pay court fees: for a legal entity currently €2,106, for a private individual €314.

Do you win the case? Then the court orders the other party to contribute to your legal costs.