Action on the merits

One Action on the meritsalso known as the main action or main proceedings, is the actual, comprehensive legal procedure conducted in court to decide the main legal dispute between the parties. In contrast to provisional measures such as interim injunctions, which serve to settle urgent and temporary matters, the main action deals with the core of the legal claims and disputes between the parties.

Main features of a main action:

  1. Complete examination of the claims: In an action on the merits, all relevant facts, evidence and legal arguments are comprehensively examined in order to reach a final decision on the main issues of the dispute.
  2. Decision on the legal claims: The court decides on the legal claims of the parties in proceedings on the merits. This can mean that the court confirms or denies a legal position, such as the breach of a contract or a legal claim.
  3. Issuance of final judgments: In an action on the merits, the court may issue final judgments that finally determine the rights and obligations of the parties. These judgments are binding and can take various forms, including judgments for damages, injunctive relief or other legal remedies.

Difference to the preliminary injunction:

In contrast to provisional measures such as interim injunctions, which serve to provisionally clarify legal issues, the main action is the actual procedure in which the parties' fundamental legal claims and disputes are dealt with fully and finally.

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