When a situation is urgent and ordinary court proceedings take too long, the summary proceedings a quick and effective solution. But when exactly does summary judgment apply? Who can initiate the proceedings? And what are the risks? Mr. Mohamed Asfour, a Brussels lawyer, gives you a practical overview.
What is summary judgment?
A summary proceedings (French: référé) is an emergency procedure before the presiding judge. It is not proceedings on the merits: the court does not make a final decision on the dispute, but takes a provisional measure to prevent or terminate urgent damages. Summary judgment is binding and immediately enforceable even if an appeal is still pending.
When is summary judgment possible?
Two conditions must be met together:
- High urgency: There is a real danger that failure to intervene will cause serious damage or damage that is difficult to repair. This need not be an absolute emergency, but there must be an urgent situation requiring immediate judicial intervention.
- Interim measure: The requested is a temporary, provisional measure - not a final ruling on the law.
Concrete applications of summary judgment
- Rent Law: Forced eviction of a tenant who refuses to leave after severance
- Family Law: Urgent action on children's residence in divorce
- Corporate Law: Prohibition of unfair competition or violation of a trade secret
- Construction Law: Stopping works that threaten to harm neighbor
- Liability: Commission on damages when liability is reasonably clear
- Labor Law: Reinstatement in position for manifestly unreasonable dismissal
- Intellectual property: Cessation of trademark or copyright infringement
Procedure: how does summary judgment work?
- Subpoena: The plaintiff summons the opposing party through a bailiff. The summons states the day and hour of the hearing. In extremely urgent cases, a subpoena can be issued “from hour to hour.”.
- Seat: The hearing before the presiding judge usually takes place within a few days to weeks. Both parties present their arguments orally or through briefs.
- Decision: The president issues an order, usually shortly after the hearing. The measure is immediately enforceable.
- Penalty: The court may attach a penalty to the measure imposed to ensure compliance (e.g., €500 per day of delay).
Competent court
Summary proceedings may be initiated for:
- The president of the court of first instance (most general authority)
- The president of the corporate court (for commercial disputes)
- The president of the labor court (for employment law issues)
- The justice of the peace (for rent disputes)
Risks and costs
Summary judgment is a powerful tool, but using it without just cause can result in you being ordered to pay costs (including litigation fees for the opposing party). Careful legal analysis before proceedings is essential.
Quick legal help in urgent situations?
Novex Lawyers assists you in summary proceedings in Brussels and the Brussels region. Mr. Mohamed Asfour quickly analyzes whether your situation qualifies for summary proceedings and initiates the procedure immediately. Waste of time is irreparable in urgent situations - contact us today.
Also read: Invoice collection: essential steps | Rent arrears: what can the landlord do?
