Summary Proceedings

Applications for interim measures are rapid legal proceedings. The interim order is made by the preliminary relief judge and is a preliminary judgment.

The claimant must have an urgent interest in the requested relief. If there is no urgent interest, the preliminary relief judge cannot grant the claim.

The summary judgment can only be condemnatory. This means that a party is obliged to do something or is prohibited to do something. The judgment cannot be declaratory (establishing a legal situation) or constitutive (creating, modifying or terminating a legal situation), because only a preliminary judgment can be given.

As stated, the preliminary relief judge gives a preliminary opinion on the dispute. A final judgment on the dispute can then be given in a substantive procedure (normal procedure). The ground judge is not bound by the preliminary judgment of the preliminary relief judge.