Interim Injunction

An interim injunction is a temporary protective order issued by the court to preserve the current situation or prevent harm until the case is decided (Code of Civil Procedure Arts. 389-399). For example, preventing the transfer of disputed real estate, suspending implementation of a general assembly resolution or temporarily stopping a trademark infringement is achieved this way.

Conditions

An interim injunction may be granted where:

• There is concern that a change in the current situation would make obtaining the right significantly harder or entirely impossible,
• Delay would cause a disadvantage or serious harm.

The applicant must establish the ground for the injunction and the merits of its case on a prima facie basis. The court determines the type and scope of the injunction.

Security

The applicant must provide security against the losses the other party and third parties may suffer if the injunction proves unjustified. The court may waive security if the request is based on an official document or conclusive evidence or if the circumstances require.

Procedure

• As a rule, the other party is heard; in urgent cases, an injunction may be granted without hearing it.
• The other party may object to the injunction within one week of service.
• For a pre-action injunction, the applicant must file the main case within two weeks of requesting enforcement; otherwise the injunction lapses automatically.
• Losses caused to the other party by an unjustified injunction are compensated.

Difference from Precautionary Attachment

An interim injunction is granted for non-monetary subject matter. To secure a monetary claim, precautionary attachment is used. If the current situation only needs to be recorded, preservation of evidence suffices.

In arbitration, interim measures may be sought from a state court or the arbitral tribunal; see Arbitration Clause. For administrative acts, a similar function is served by a stay of execution.