A preliminary provision is a quick intervention by the court. You can apply for this if waiting for the outcome of an objection or appeal is not possible.
What does a preliminary provision entail?
A preliminary provision is a temporary solution that remains in effect until a final judgment is issued. The court may, among other things:
- Temporarily suspend a decision
- Establish a temporary arrangement
- Pause the execution of a decision
When is an application useful?
Applying for a preliminary provision is relevant in cases of:
- Imminent irreparable damage
- Ongoing construction or demolition projects
- Termination of a benefit
- [Revocation of a permit](https://rechtshulpdenhaag.nl/encyclopedie/vergunning-van-rechtswege)
Requirements for application
- You must have lodged an objection or appeal (or do so simultaneously)
- There must be urgent necessity
- The balancing of interests must be in your favour
Procedure step-by-step plan
| Step | Explanation |
|---|---|
| Submit request | Submit to the court |
| Court fee | € 50 (social) or € 187 (otherwise) |
| Hearing | Often scheduled within 2-4 weeks |
| Decision | Usually immediately after the hearing orally |
Direct judgment (short-circuit)
The court may decide on 'short-circuit': a direct judgment on the merits if the situation is clear. This concludes the substantive proceedings immediately.
Practical questions
How quickly is a decision made?
Normally within 2-4 weeks, in cases of high urgency sometimes within a few days.
Is a preliminary provision a final decision?
No, it is a temporary solution. The final judgment comes in the substantive case.
What if my application is refused?
Then the original decision remains in effect, but your objection or appeal continues.
Additional information for Utrecht
For cases in Utrecht, you can go to:
- District Court Midden-Nederland: Vrouwe Justitiaplein 1, Utrecht
- Juridisch Loket Utrecht: Catharijnesingel 55, Utrecht
Frequently asked questions specifically answered
Is a preliminary provision possible without an ongoing procedure?
No, you must lodge an objection or appeal simultaneously or beforehand. Without a substantive case, the court cannot impose a temporary measure.
How do I demonstrate that urgency is required?
Provide clear evidence, such as documents showing that delay has serious consequences, for example, immediate cessation of income or an imminent demolition.
What does an application cost and who bears the costs?
The court fee is €50 for social cases and €187 for other cases. If the outcome is favourable, you may recover costs; otherwise, you pay yourself. Legal aid is sometimes available for those on low income.
What does short-circuit by the court mean?
The court decides directly on the core of the case if it is clear. This replaces the substantive proceedings and results in a final judgment.
Can I appeal against a preliminary provision?
No, a temporary measure is not open to appeal. In the event of changed circumstances, you can submit a new request. In the case of short-circuit, appeal is possible against the final judgment.
How do I prepare for a hearing?
Prepare a clear request with all evidence (decisions, urgency indication). Describe why delay is harmful and why your interest prevails. Consider engaging legal assistance.
What distinguishes suspension from a temporary arrangement?
Suspension temporarily halts a decision (e.g., a permit). An arrangement imposes new conditions (e.g., continuation of a benefit). Suspension is passive, an arrangement active.