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You will probably have heard the term ‘proceedings on the merits’ pass by. Proceedings on the merits are actually the standard civil court procedure. In addition to the proceedings on the merits, we know summary proceedings: a short and quick procedure in which only a preliminary injunction is granted. In these, no legal facts are established. This does happen in proceedings on the merits.

What is a trial on the merits?

A trial on the merits is the court proceeding that leads to a final decision on a legal dispute. This means that once the time limits for appeal and cassation have expired, the ruling is binding - litigants must abide by the court's judgment. The judgment is then res judicata. In addition, proceedings on the merits can be designed as a subpoena proceedings or a application procedure. Moreover, in addition to the ‘normal’ court, proceedings on the merits can also be brought before the cantonal court be conducted. The subdistrict court has jurisdiction if the amount of the claim is no more than €25,000 or if, for example, it is a rental case goes or the annulment of a VvE resolution.

Soil proceedings or summary proceedings?

The main rule is that litigation is conducted on the merits. However, if there is an urgent interest and an immediate remedy is needed, a summary proceedings be brought. In proceedings on the merits, a dispute is finally settled. In summary proceedings, only a preliminary ruling is given by the judge. Furthermore, in proceedings on the merits, the judge has many different powers of investigation. For example, a evidentiary hearing take place or an evidentiary order be given. This often leads to an extensive and longer-running lawsuit. In many cases, the choice is made to initiate summary proceedings and proceedings on the merits at the same time. The preliminary judgment from the summary proceedings then provides a temporary solution to bridge the lengthy process of the proceedings on the merits. However, the judge in the main proceedings is not bound by the earlier judgment of the interim relief judge.

Consequences on the merits

The ruling at the end of a case on the merits is made in a judgment. This judgment is binding on both parties. If you disagree with the judge's ruling, you can appeal in appeal go. The appellate court will basically review the case all over again. After that, there may still be cassation open. The verdict may enforceable be declared. The judgment can then be executed immediately, even though there are still appeals pending and the judgment does not yet have the force of res judicata.