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If an out-of-court solution fails, an interim injunction or proceedings on the merits may be appropriate. Urgent proceedings can quickly produce an enforceable prohibition.

What we examine

  • Assess the claim, urgency, jurisdiction and evidence.
  • Consider a protective brief before an anticipated application; after service, immediately review remedies and enforcement issues.
  • Coordinate objections, a final declaration, main proceedings and enforcement.

Key legal considerations

An objection may be available against an injunction issued by order; different remedies apply to a judgment. Challenging an injunction does not automatically suspend the prohibition. A final declaration can recognise the interim arrangement as final and therefore requires careful review.

Illustrative practical example

A business receives a court order prohibiting sales the day before a trade fair. While the legal review proceeds, sales teams, exhibition staff and relevant service providers must be informed of compliance requirements.

Documents for the review

The complete decision, application and attachments, proof of service, earlier warning and details of ongoing sales.

Advice and next steps

horak. advises businesses, self-employed professionals and organisations on defending and enforcing claims. We discuss the facts, options, deadlines and fee basis with you. Our head office is in Hannover and we advise clients throughout Germany.

First steps · Undertakings · Court proceedings

Legal source: Official legislation. The assessment depends on the individual case.

Related guidance

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