Many clients who go to a lawyer ask whether a preliminary injunction (also called preliminary injunction) is possible to solve their problem. No wonder: summary proceedings go much faster than an ordinary lawsuit, a “bottom procedure”. Proceedings on the merits can take up to a year, and summary proceedings are a matter of weeks. Whether summary proceedings are possible differs per case.
Court of law
The commercial or civil division of the court deals with all types of summary proceedings that are not decided by another court designated by law. These can be very different areas of law. A claim for termination of a seizure at a business dispute ; a requirement to post a correction of an incorrect publication; a collection of an unpaid invoice; a street or contact ban in the event of an attack; an advance on a compensation after an accident; a collection of a fine for violation of a contractual arrangement , and so on. In any case, the matter must be urgent.
Suitability for summary proceedings
Not all cases are suitable for summary proceedings. If there is hardly any defense – ie in a strong case – summary proceedings are appropriate. A requirement to fulfill a clear contract, for example. But if the contract is not so clear, then the defendant has more opportunities to defend and raise doubts. The judge can grant a claim in summary proceedings if he expects the judge to do the same in proceedings on the merits. In the proceedings on the merits, however, the plaintiff has more options to prove his assertions, if they are contradicted.
The Subdistrict Court handles rental cases, employment law cases, consumer credit and cases with a financial interest up to € 25,000. There is also a subdistrict court judge. A common provisional measure before the subdistrict court is a wage claim (a requirement to continue to pay salary). In the event of rent arrears, landlords regularly submit a claim for eviction of a rented home to the subdistrict court.
Divorce law has a separate procedure for provisional measures. During or before starting the divorce application (a procedure on the merits), you can request provisional decisions about the children, alimony , and the use of the house. The measures are intended to provide peace and clarity quickly. This type of provisional injunction is not possible in the case of divorce of unmarried persons, but you can file similar claims with the civil summary proceedings judge.
The administrative court rules on government decisions, such as an environmental permit, granting or withdrawal of benefits or civil service law. Provisional injunction is also possible in this type of lawsuit (for example, to suspend an adverse decision). A preliminary injunction is even possible if the lawsuit is not yet pending, in the objection phase preceding the appeal to the court.