LITIGATION

The legal enforcement of claims often takes a significant amount of time.

In specific constellations, however, the litigant needs direct and immediate relief. Therefore, in urgent cases, the legal system offers the possibility of interim relief. In this way, the litigant can, as a general rule, obtain within a few days, in any event within a few weeks, temporary safeguarding of his legal position until a decision in the main proceedings. In regard to special urgency, a decision in interim relief proceedings is subject to particular procedural rules. A main characteristic is that the court only undertakes a summary examination of the facts.

Interim relief generally comes into play in two different situations: By way of summary proceedings, interim relief can be applied for before the court, when the temporary safeguarding or regulation of a legal situation is necessary in order to avoid major legal disadvantages (e.g. averting the blocking of access paths by neighbors, etc.). By way of seizure proceedings, interim relief can be applied for before the court when the debtor moves assets, thereby threatening effective relief in the main proceedings. Thus, seizure proceedings serve to secure access to the assets of the debtor.