What is injunction

interim disposal

Civil litigation

preliminary court order
(1) to secure claims (with the exception of monetary claims: arrest), the enforcement of which could be thwarted or made significantly more difficult by changing the existing situation, as well as
(2) to regulate a disputed legal relationship (§§ 935–945 ZPO).

Order / execution: usually according to the provisions of the arrest procedure. The court determines the measures that are necessary to achieve the purpose of the preliminary injunction, e.g. prohibition of sale, surrender of an item to a sequester (§ 938 ZPO); as a matter of principle, they may only be of a provisional nature.

Jurisdiction: In contrast to the attachment procedure, the court that would be responsible for the decision in the ordinary procedure is responsible; In urgent cases, the district court in whose district the subject of the dispute is located can issue a preliminary injunction. An interim injunction can only be issued in cases of particular urgency without an oral hearing endure.

Restraining order is Enforcement order, however, the enforcement should in principle not lead to the full satisfaction of the obligee. In exceptional cases, she can also order payments (e.g. for maintenance).

The Evacuation of living space may only be ordered because of prohibited self-power, e.g. in the case of house occupations (Section 940a ZPO).

Commercial law

In commercial matters, the temporary injunction in accordance with Section 16 of the German Commercial Code (HGB) is sufficient for entry in the commercial register (entry in the commercial register). It can concern the registration, prohibit a partner from exercising management, regulate the representation of the company or authorize a third party to act on behalf of the company for the time being.

An injunction to dissolve a company or delete a company is not permitted.

Competition law

Urgency is presumed to enforce injunctive relief under competition law (Section 12 II UWG). The presumption is refuted by hesitant legal prosecution. The OLGs measure the period within which the presumption takes effect differently; the prevailing opinion is that it depends on the circumstances of the individual case; six months after becoming aware of the infringing act are the upper limit. If the urgency does not apply to the injured party, an association entitled to take legal action cannot refer to Section 12 UWG. The general procedural rules for the preliminary injunction apply; Delays in proceedings by the applicant that go beyond the exhaustion of statutory deadlines can dispense with the urgency. The statute of limitations is not interrupted by an injunction. In order to avoid costly proceedings on the main matter, which have to be initiated quickly due to the short limitation periods in competition law, the final procedure has emerged, in which the title issued by means of an interim injunction can be equated with a main subject title by means of a final declaration.

Public law

Federal constitutional, administrative and financial jurisdiction: interim order.

Employment Law

In the case of urgency, temporary injunctions can also be issued in labor court proceedings. Individual cases: An interim injunction for employment (continued employment) generally presupposes that an employment relationship is undisputed or that a termination is obviously ineffective or that the works council has properly objected to the termination in accordance with Section 102 III BetrVG. For the release of the employer from the obligation to work according to § 102 V BetrVG, the temporary injunction is provided there. Provisional injunctions aimed at the omission of labor disputes are possible under very narrow, individually very controversial conditions. Individual unlawful combat measures can be prohibited by means of an injunction. In disputes under works constitution law, interim injunctions must be applied for in the decision-making process. It is controversial to what extent the works council's rights of participation can be secured by means of an injunction to refrain from taking measures contrary to co-determination. Example: A number of state labor courts give the opportunity to secure the works council's advisory rights in the event of operational changes by means of an injunction to refrain from the planned operational change until a reconciliation of interests has been carried out.