Interim injunction

Legal meaning

The party seeking the injunction must make concrete the right to be protected, the danger, and why the requested measure is necessary. The court may also decide without hearing the other side; however, the possibility of defense and objection is preserved. The injunction should not be framed so broadly that it would resolve the main dispute in advance.

The law sets special time limits for the enforcement of the decision, security, objection, the follow-up action and the continuation of the injunction. Missing these limits may cause the injunction to lapse automatically or lose its effect. Liability for damages may also arise because of an unjustified injunction.

Under Article 393 of the Code of Civil Procedure (HMK), enforcement must be requested within one week from the pronouncement (tefhim) or notification of the decision to the party who requested the injunction. In a pre-action injunction, the main action must be filed within two weeks from the date on which enforcement was requested; the document showing that the action has been filed must be submitted to the enforcing officer, placed in the file, and a document must be obtained (HMK Article 397). Where mediation affects this period, Article 18/A of Law No. 6325 on Mediation is also taken into account separately. The starting points of these two periods are different from each other.

Security is the rule; the exceptions in the law and the court’s reasoned assessment are reserved (HMK Article 392). Preservation of evidence, aimed at preventing the loss of evidence, is a separate form of protection regulated in HMK Article 400 and the following articles. The route and period of objection are determined separately according to whether the decision was made in the presence or absence of the other side and the state of participation in enforcement.

Key elements and practical criteria

• It is temporary legal protection.
• The party seeking the injunction must show, by prima facie proof, that it is in the right as to the merits of the case.
• The requested measure must be proportionate.
• The time limits for enforcement and for the follow-up action are tracked separately.

Practical importance

In proceedings that may take a long time, the transfer of the property in dispute or a change in the factual situation may render the final decision meaningless. The request for an injunction should be framed so that it is directly connected to the right to be protected and capable of being enforced.

Commonly confused concepts

• An interim injunction is general temporary protection; precautionary attachment is subject to conditions specific to securing a monetary claim.
• An injunction decision is not a final judgment and does not conclusively resolve the merits of the dispute.

Practical example

If the transfer of the immovable that is the subject of the action to a third person would make obtaining the right difficult, the placing of a proportionate injunction on the land registry record may be requested.

Frequently asked questions

Must an action have been filed for an injunction?

No. It may also be requested before an action is filed; however, afterward the main action must be filed and the necessary steps taken within the period in the law.

Is an injunction decision final?

No. There are possibilities of objection, modification or lifting; the injunction is temporary in nature.