An interim injunction is an urgent measure by the court. You can apply for this in Rijswijk if you cannot wait for the decision on an objection or appeal.
What does an interim injunction entail?
It concerns a temporary solution that remains in effect until a final decision has been made. The court in The Hague can, for example:
- Temporarily suspend a decision
- Impose a temporary arrangement
- Pause the execution of a decision
When is an application useful?
An interim injunction can help in cases of:
- Imminent irreparable damage
- Ongoing construction or demolition works
- Termination of a benefit
- [Withdrawal of a permit](https://rechtshulpdenhaag.nl/encyclopedie/vergunning-van-rechtswege)
Conditions for application
- You must have lodged an objection or appeal (or do so simultaneously)
- There must be an urgent necessity
- The balancing of interests must be in your favour
How does the procedure proceed?
| Step | Explanation |
|---|---|
| File request | At the District Court of The Hague |
| Pay court fee | € 50 (social affairs) or € 187 (other cases) |
| Hearing | Usually within 2-4 weeks |
| Decision | Usually immediately after the hearing orally |
Short-circuit by the court
The court may decide on 'short-circuit': a direct ruling on the main case if the situation is clear. This concludes the substantive proceedings immediately.
Frequently asked questions
How quickly is a decision made?
Usually within 2-4 weeks. In cases of high urgency, sometimes within a few days.
Is an interim injunction a final decision?
No, it is only temporary. The final ruling comes in the main case.
What if my application is refused?
Then the original decision remains in effect. Your objection or appeal continues.
Extra questions about interim injunctions
Can I apply for an interim injunction without an objection or appeal?
No, you must lodge an objection or appeal simultaneously or beforehand. The court assesses the prospects of success in the main case, so an ongoing procedure is essential.
How do I prove there is urgency?
Provide evidence and facts showing that waiting causes damage, such as imminent demolition, termination of income or irreparable consequences of a project.
What does an application cost and who bears the costs?
Court fee is €50 for social affairs (such as benefits) and €187 for other cases. If you win, you can recover costs; if you lose, you pay yourself. Legal aid is sometimes available for those on low income via the Juridisch Loket Rijswijk.
What does short-circuit by the court mean?
In a short-circuit, the court decides directly on the merits of the case. This occurs in clear cases, making a separate substantive procedure unnecessary. Appeal is then possible.
Can I appeal against an interim injunction?
No, a temporary measure cannot be directly challenged. In changed circumstances, you can file a new request. In case of short-circuit, you can appeal the final ruling.
How do I prepare for a hearing?
Prepare a clear request with all documents (decision, proof of urgency, letters). Explain why urgency is needed, what the impact is without the measure and why your interest prevails. Consider legal assistance via the Juridisch Loket Rijswijk.
What is the difference between suspension and a temporary arrangement?
Suspension temporarily halts a decision (e.g. a demolition permit). A temporary arrangement goes further and imposes active obligations, such as continuing a benefit or restricting activities.