Enforcement of Injunction
Enforcement of Injunction
The enforcement of injunction enforces an existing obligation to refrain from a specific act or to tolerate a measure. As soon as an enforceable enforcement title exists, the enforcement court reacts immediately to every violation. According to § 355 para 1 EO, the court, upon application, already imposes a fine when granting the enforcement, if the obligor has violated the stipulated obligation to refrain or to tolerate.
The enforcement of injunction thus creates effective pressure, as it sanctions every individual violation and thereby sustainably ensures compliance with the obligation.
If the obligor persists in non-compliance and commits further violations, the court must, upon application, impose additional fines. Furthermore, it can order detention for a total duration of up to one year.
Parties to the Enforcement of Injunction
In the execution for injunctive relief, the petitioning creditor and the obligated debtor are facing each other. The creditor is the party that has an enforceable title that prohibits the obligor from certain conduct or prescribes the toleration of an action. He initiates the proceedings and files both the execution request and any penalty requests.
The obligor, on the other hand, is the person who must observe the injunction or toleration order and whose violation triggers the enforcement of the injunction. The proceedings thus serve to protect the rights of the creditor and simultaneously create a clear legal framework within which the obligor is obliged to comply with the stipulated behavioral obligations.
Application for Enforcement
The injunction enforcement proceedings begin with the application for enforcement by the enforcing creditor. This application forms the basis for the court to take measures if the obligor violates an existing obligation to refrain or to tolerate.
In the execution request, the creditor must specifically explain the obligor’s contravention. General or blanket assertions are not sufficient. Instead, the request must contain a comprehensible, clearly defined set of facts that reveals which action violated the prohibition order.
Competent court
For the execution for injunctive relief, there is a right of choice regarding the judicial jurisdiction. In principle, the district court in whose district the obligor has his general place of jurisdiction decides. However, the creditor may also file the request with the court in whose district the prohibited act was committed or its success occurred.
This right of choice enables the creditor to initiate the proceedings where the contravention took place directly or its effects have become visible, which often leads to more efficient enforcement.
Imposition of Fines
As soon as the court has approved the enforcement of injunction, a fine can be imposed for each violation. The penalty is not intended as punishment in the classical sense, but rather to induce the obligor to comply with the injunction in the future.
Peter HarlanderHarlander & Partner Rechtsanwälte „The execution of an omission has an effect because it sanctions each individual violation.“
Violations and Applications for Penalties
If the obligor violates the injunction again after the initial enforcement approval, the enforcing creditor may not submit a new application for enforcement. At this stage, only an application for a penalty is considered.
Due to repeated violations, the court can, upon application by the creditor, impose either an additional fine or detention for a total duration of up to one year. The application for a penalty is therefore not a new enforcement proceeding, but a further step within the ongoing enforcement of injunction and serves to consistently sanction repeated violations.
Your Benefits with Legal Assistance
A lawyer ensures the correct procedure from the beginning and ensures that execution and penalty requests are formulated completely and effectively. This avoids delays and formal errors that could delay the procedure.
In addition, specialized legal assistance ensures that every detected violation is pursued quickly and consistently. This creates effective and sustainable protection against further violations.
- Assistance throughout the entire injunction enforcement proceedings
- Safeguarding your rights and interests vis-à-vis all parties involved
- Implementation of all necessary steps
Sebastian RiedlmairHarlander & Partner Attorneys „An injunction only provides protection if violations are actively asserted in court.“
