One temporary injunction is a temporary court order that is issued to stop a certain action or temporarily regulate a certain situation while a final legal dispute is pending.
Characteristics of a temporary injunction:
- Provisional character: A temporary injunction is temporary and is usually issued to clarify an acute and urgent matter and to secure a situation before the legal dispute is finally decided in court.
- Urgency: A temporary injunction is often issued when a delay could lead to irreparable damage or irreversible consequences. With the exception of a few areas of law in which urgency is presumed, the applicant must demonstrate particular urgency.
- Protection against possible damage: The interim injunction serves to protect a party from imminent or continuing damage that could occur if no interim measures are taken.
- Preliminary assessment: In order to issue a preliminary injunction, the court must make a preliminary assessment and determine that the party seeking the injunction is likely to prevail in the main proceedings and that it could suffer irreparable harm without the preliminary injunction.
- Impact assessment: The court weighs up the consequences of not securing a situation provisionally by issuing a temporary injunction against those of wrongly issuing a temporary injunction.
As a rule, the interim injunction remains in force until the main legal dispute has been decided or the parties reach another agreement.
It is important to emphasize that an injunction is a temporary remedy and is not the final judgment in a lawsuit. It merely creates a temporary solution to prevent potential damages until the court can thoroughly review the entire case.