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General
- What kind of claims are subject to PIs?
- Is any prior, out of court action (e.g. a warning letter) required before filing an application for a PI?
- Does an application for a PI need to be filed within a certain deadline?
- How quickly can PIs be obtained?
- Can PI proceedings be suspended?
- Which kind of evidence is required in PI proceedings?
- Ex parte preliminary injunctions
- Costs and Security
- Remedies
- Enforcement
- Damages
- Main proceedings
jurisdiction
General
1. What kind of claims are subject to PIs?
Infringement claims in relation to copyright, trademark, patents, designs and any other IP rights.
2. Is any prior, out of court action (e.g. a warning letter) required before filing an application for a PI?
Yes. From April 3, 2025, for PIs requested together with the main claim, it will be necessary to go through an out-of-court dispute resolution procedure beforehand.
3. Does an application for a PI need to be filed within a certain deadline?
No. However, it is advisable to file it as soon as possible after becoming aware of the circumstances for which injunctive relief is sought, as courts consider delay when determining whether or not to grant a PI.
4. How quickly can PIs be obtained?
In cases where they are granted without a hearing, they can be obtained in less than two weeks. In all other cases they can be delayed for several months.
5. Can PI proceedings be suspended?
Yes, upon joint request of the parties, provided that it does not harm the general interest or a third party and that the suspension does not exceed sixty days. However, it is not common in PI proceedings .
6. Which kind of evidence is required in PI proceedings?
All evidence demonstrating the danger in delay and the existence of a prima facie case.
Ex parte preliminary injunctions
7. Is it possible to obtain an ex parte PI (without hearing the counterparty)?
Yes, as long as it can be proven that there are reasons of urgency or that the prior hearing may compromise the success of the PI.
Costs and Security
8. Are the costs recoverable from the counterparty in the event the PI is issued?
Yes, but they must be claimed and determined in a separate procedure, and they do not normally represent more than 30% of the amount actually spent.
9. Is the applicant required to provide a security deposit when requesting a PI?
Yes. The claimant shall suggest an amount and the court shall decide on the suitability and sufficiency of the suggested amount.
Remedies
10. Is it possible to appeal or file other remedies against a PI? If so, does this suspend the effect of the PI?
Yes. It is possible to appeal the decision granting a PI within 20 working days from the notification of the judgement. For ex parte PIs, an objection may be lodged within 20 working days from the notification of the order granting the PIs. Neither the appeal nor the objection suspends the effect of the PI.
11. How long do the proceedings to challenge a PI usually take?
It depends on the court, but in the case of objections to ex parte PIs, two to four months, and in the case of appeals, a little longer.
Enforcement
12. When does a PI become effective?
As soon as the security is provided by the applicant.
13. What legal measures are available to enforce compliance with a PI?
All necessary means (including coercive fines), and even those provided for the enforcement of sentences.
Damages
14. Can the counterparty seek damages if the PI is later found to be unjustified and cancelled?
Yes.
Main proceedings
15. Are further proceedings on the merits required in order for the court to grant a final injunction?
Yes. The agreed PIs will be left without effect if further proceedings on the merits are not initiated within twenty days of their issuance.
