Interim measures at the Enterprise Chamber: who files, where, and in what language
This page sets out who may request interim measures from the Ondernemingskamer (Enterprise Chamber), where that request is filed, and in what language the proceedings run. It is written for a general counsel, director or shareholder facing a stalled Dutch entity who needs the court to act before a full inquiry concludes. The request is filed as a verzoekschrift (petition) with the Enterprise Chamber, which sits within the Amsterdam Court of Appeal, and it is almost always filed alongside or after an inquiry request rather than on its own. This page does not cover the substantive grounds for interim measures or how an inquiry itself is decided.
Who can file, and on what standing
Standing to request interim measures follows the same threshold as an inquiry request under Dutch law: a shareholder, a works council, or another belanghebbende (interested party) recognised by the company's own governing documents or by statute. You are here if the company will not act on its own and you need the court to freeze, suspend or replace something inside it while the underlying dispute is still being decided. The request can be made at the same time as an inquiry request, or later once the inquiry proceeding is already running. A director defending against the request is a separate position, and that defence follows a different route on this site.
Standing is checked by the court on the papers before anything else happens. If standing is contested, the court decides that question first, and the timeline for interim measures effectively pauses until it is resolved. This is the single most common reason a request that looked straightforward on filing takes longer than expected. Confirming standing before you file is the most useful thing counsel can do for you at this stage.
Where the request is filed and how the two proceedings connect
The petition is filed with the Enterprise Chamber directly. There is no separate court of first instance for this procedure: the Enterprise Chamber is itself the court of first and, for most interim measures, effectively final instance. Where the underlying dispute also involves a claim for damages or a declaratory judgment, that claim is filed separately with the ordinary civil court and runs on its own track. The table below sets out who acts at each step of a typical interim measures request filed alongside an inquiry petition.
| Step | Who acts | What happens |
|---|---|---|
| 1. Drafting the petition | Applicant, with Dutch-qualified counsel of record | The grounds for interim measures are set out alongside, or with reference to, the inquiry request |
| 2. Filing | Dutch-qualified counsel of record | The petition is filed with the Enterprise Chamber registry, in Dutch |
| 3. Service | Applicant's counsel, via the court registry | The company and any other respondents are formally notified of the petition |
| 4. Response | Respondent company, other interested parties | A written response is filed; the court may set a short response period |
| 5. Hearing | The Enterprise Chamber, both parties | A hearing is listed, often on short notice given the interim nature of the request |
| 6. Order | The Enterprise Chamber | The court grants, refuses or partially grants the measures requested, with immediate effect where granted |
| 7. Appeal | Applicant or respondent | Limited further appeal routes apply; these are addressed on a separate page |
The timeline: what actually happens week by week
Interim measures exist because ordinary civil proceedings are too slow for the situation. The court treats the request accordingly: once a petition is filed and standing is not contested, a hearing date typically follows within a small number of weeks rather than months. Where standing is contested, or where the respondent asks for more time to respond, the timeline extends. An order granting interim measures takes effect immediately on pronouncement, without a separate implementation step, which is one of the features that makes this instrument attractive.
The table below sets out the deadlines that structure the procedure. Where a specific number of days is not confirmed against the current statutory text, it is described qualitatively rather than with an invented figure.
| Stage | Deadline | Set by |
|---|---|---|
| Response to the petition | A period set by the court on a case-by-case basis | The Enterprise Chamber, on filing |
| Objection to standing | Raised before or at the first hearing | The respondent |
| Hearing date | Listed on short notice relative to ordinary civil proceedings | The Enterprise Chamber registry |
| Order | Pronounced at or shortly after the hearing | The Enterprise Chamber |
| Further appeal | A limited further appeal route, addressed separately | Statutory, under the applicable Dutch rules |
Language of filing and language of hearing
The petition, the response and the hearing itself are all conducted in Dutch. This is not negotiable by agreement between the parties: the Enterprise Chamber is a Dutch court and its working language is Dutch. Any document you hold in English, German or another language that supports the petition is translated before it is filed, and a sworn translation is required for documents the court is asked to rely on as evidence. Correspondence between you and your counsel can run in English throughout; nothing about the language of the court affects how you instruct.
| Element | Language required | Who arranges it |
|---|---|---|
| Petition and pleadings | Dutch | Dutch-qualified counsel of record |
| Supporting documents already in Dutch | No translation needed | Not applicable |
| Supporting documents in another language | Sworn translation into Dutch | Applicant, via counsel and a contracted local processor |
| Hearing | Dutch, with counsel present | Dutch-qualified counsel of record |
| Order | Issued in Dutch | The Enterprise Chamber |
What we would need to see before advising
Before we can tell you whether interim measures are the right instrument, we need to see the following:
- The company's articles of association and any shareholders' agreement, to establish standing.
- A short written account of what has actually happened and what you want the court to change or freeze.
- Any board resolutions, minutes or correspondence showing the company has been asked and has refused to act.
- Confirmation of whether an inquiry request has already been filed, or is being filed at the same time.
- The names and roles of all parties who would need to be served if a petition is filed.
What can go wrong at the filing stage
Standing is contested more often than applicants expect, particularly where the articles of association set a shareholding threshold that the applicant is close to but has not clearly met. A petition filed without the supporting inquiry request already drafted, or without a clear account of what has been asked of the board and refused, is routinely sent back for more detail before a hearing is even listed. Where documents central to the request are not in Dutch and have not been translated, the court can and does adjourn rather than proceed on an untranslated record. None of these delays are unusual, and all of them are avoidable with preparation before filing.
What this does not cover
- The grounds on which interim measures are granted or refused, and how the court weighs them.
- The inquiry procedure itself, including how an onderzoeker (investigator) appointed by the court operates.
- Appeal and review of an Enterprise Chamber order once issued.
- Damages claims running alongside the interim measures request, which follow the ordinary civil track.
- Any assessment of whether your specific situation meets the standing threshold.
Questions
Can interim measures be requested without also filing an inquiry request?
Yes, but this is unusual in practice. Interim measures are formally a form of relief the Enterprise Chamber can grant, and in almost all cases the court expects an inquiry request to be pending or filed at the same time, since interim measures exist to preserve the situation until the inquiry is resolved.
Does filing in Dutch mean the client cannot follow the hearing?
The hearing itself is conducted in Dutch. Counsel briefs the client before and after in English, and can arrange simultaneous informal interpretation for the client's own understanding during the hearing, though this is not a right built into the court procedure itself.
What happens if the respondent does not comply with an order once granted?
Non-compliance with an Enterprise Chamber order granting interim measures is a serious matter under Dutch law and can itself become grounds for further relief. The mechanics of enforcement sit outside the scope of this page and are addressed under enforcement of Dutch court orders.
Is there a separate court fee for the interim measures request itself?
A court registry fee applies to Enterprise Chamber proceedings under the applicable Dutch rules. Where the interim measures request is filed together with an inquiry petition, the fee structure for the combined filing is confirmed with you before filing, rather than stated as a general figure here.
Who decides whether the case is urgent enough for a fast hearing date?
The Enterprise Chamber itself makes that assessment on the papers filed. A petition that sets out clearly why delay causes harm that cannot be undone later is more likely to receive an early hearing date than one that does not address urgency directly.
Sanne de Wit — structures, holding and tax
Sanne de Wit is responsible for structures, holding and tax matters at Nolthenius & Partners. On this page, her role is to confirm the standing and filing route before a petition is drafted.
Start with a scoping call
The next step is a 30-minute scoping conversation. Bring the company's articles of association, any shareholders' agreement, and a short written account of what has happened and what you want the court to order. You will leave the call knowing whether an interim measures request is the right instrument, whether it should be filed with or ahead of an inquiry request, and what we need from you to draft it. If you first need to establish who controls or owns the entity you are dealing with, a structure report sets out the ownership chain before you file anything.
Last legal review: 2026-09-21