Judicial leave: What about my lawsuit or claim?

30/06/2025

The school holidays start today. Not only are the teachers going on leave, but the magistrates are also taking a break. In the judiciary, this period is called “judicial leave,” which runs from July 1, 2025, to August 31, 2025. The new judicial year starts on September 1, 2025. Every year, litigants ask themselves the following questions:

Is the court open during judicial leave?

In principle, the court remains open during judicial leave. Hearings are still held, but they are usually limited to urgent matters, such as summary proceedings. New, non-urgent cases will generally be heard for the first time after the judicial holidays.

Do court registries work during judicial leave?

Yes, court registries remain open during judicial leave. Note: limited opening hours or adjusted services often apply.

What cases are handled during judicial leave?

Urgent matters such as:

  • Urgent interim measures
  • Summary proceedings
  • Criminal cases where the period of pre-trial detention expires
  • Other urgent matters

Can I still file a claim or lawsuit during judicial leave?

Yes, you can still have a summons served during judicial leave. The lawsuit will usually be heard after the holidays, unless it is an urgent matter. In that case, it can be heard during the holidays.

Can pleadings take place during judicial leave?

In principle, there are no pleadings for ordinary cases. A pleading during judicial leave is only possible if: the case is urgent; all parties agree; the court is available.

Can I still appeal or file an objection during judicial leave?

An important point to consider is the deadline for filing a legal remedy. The deadline for filing an objection and appeal is extended to the 15th day of the new judicial year (= September 15), provided that the normal appeal and objection period begins and ends during judicial leave. Here are two examples to illustrate this.

Example 1: If the judgment is served on July 9, 2025, the appeal period begins on July 10, 2025, and the appeal period expires on August 9, 2025. Here, the period begins and ends during judicial leave, so the appeal period is extended to September 15.

Example 2: If the judgment is served on June 22, 2025, the appeal period begins on June 23, 2025, and the appeal period expires on July 22, 2025. In this example, the appeal period does not begin during judicial leave, so there is no extension of the period.

What should I do if I have an urgent claim during judicial leave?

Even during judicial leave, you can count on the support of our PKF BOFIDI Legal experts. Our law firm remains available throughout the summer, so you can contact us with all your urgent legal questions. So do not hesitate to contact us for your legal problems.

This article was written by Pieter-Jan Van Mierlo and Alexander Meesen, both specialized in dispute resolution.


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