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Comprehensive regulation for interim protection in civil proceedings

Amendments to the Civil Procedure Law expand the availability and scope of interim protection measures in civil law matters

Amendments to the Civil Procedure Law entered into force on 20 April 2021, with the aim of improving general and interim protection regulation applicable to all civil disputes. The amendments set the preconditions for more effectively protecting the rights of a party to a court case until the final decision in the case comes into force.

The purpose of interim measures is to ensure both the enforceability of the eventual judgment as well as to protect the rights and legal interests of a person until the entry into force of the final decision in both financial and non-financial cases.

Until now, the Civil Procedure Law allowed interim protection only in certain categories of cases, such as infringements and protection of intellectual property rights; protection of trade secrets; challenging decisions by a company shareholders’ meeting; interim protection against violence; company insolvency; and cases arising from family legal relations.

The need for regulation was clearly evident, for example, in cases involving labour disputes, “servitudes”, infringements of honour and respect, breaches of data protection, contesting decisions of a residents’ association, evictions, and in cases involving self-reliance or threats to health and life.

The new interim protection regulation applies to all categories of cases. It is available as an effective measure of interim legal protection for a claimant against an infringer or violator of their rights and introduces certain means of interim protection: distraint on a defendant’s movable property; entry of a prohibition or other mark in the Land Register, the relevant register of movable property or other public register; the obligation for the defendant to perform certain activities within a given deadline; prohibiting a defendant from performing certain activities; suspension of enforcement.

The amendments to the Civil Procedure Law set the State fee for an application for interim protection at EUR 70. Until now, the State fee payable for an application for interim protection has been 0.5 % of the amount of the claim, but not less than EUR 70. 

 

Source: 6 April 2021 Amendments to the Civil Procedure Law

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