Interim injunction

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:

  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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.

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