Preliminary Injunction – The Clock Starts Ticking
Now
A court has issued an order against you without hearing your side of the story first. The order takes effect upon service, not when it becomes final. We’ll review whether it holds up—and determine the best course of action for you in this case.
LAWYERS
Temporary Restraining Order – The Clock Starts Ticking
Now
A court has issued an order against you without hearing your side of the story first. The order takes effect upon service, not upon becoming final. We’ll review whether it holds up—and determine the best course of action for you in this case.
LAWYERS
The Numbers That Matter
In summary proceedings, almost everything hinges on deadlines. Anyone who misses one of them forfeits rights that, in substance, would otherwise remain fully intact.
1 month
Time limit for compliance under Section 929(2) of the German Code of Civil Procedure (ZPO). If the order is not served on the parties in a timely manner, it is void—even if its content was correct.
0
Hearings prior to the issuance of an order. The opposing party does not learn of this until the order is served on them.
250.000 €
Maximum administrative fine per violation under § 890 of the German Code of Civil Procedure (ZPO), or, alternatively, administrative detention. A single violation can end up costing more than the entire proceeding.
2 weeks
The usual waiting period until the other party sends the final letter. After that, additional attorney's fees will be incurred, which you will have to pay.
WHAT IT'S ALL ABOUT
A ban that was decided without you
A preliminary injunction is a form of provisional legal protection under Sections 935 and 940 of the German Code of Civil Procedure (ZPO). Its purpose is to prevent a situation from becoming entrenched while regular proceedings are ongoing for months. That is precisely why the court decides quickly—and in urgent cases, pursuant to Section 937(2) of the German Code of Civil Procedure (ZPO), without an oral hearing.
For you, this means: Your first encounter with the proceedings is the final order. There was no opportunity to set the record straight, no hearing, and no exchange of pleadings. The court considered only the opposing party’s arguments—which, by nature, are one-sided.
Why this happens so often in competition and media law
In competition matters, Section 12(1) of the Unfair Competition Act (UWG) presumes urgency. The petitioner therefore does not even have to prove that the matter is urgent. In trademark, copyright, and press law, this presumption is not expressly stated, but the courts apply a similar standard when swift action has been taken.
This presumption is also the opposing party’s Achilles’ heel: anyone who has waited too long to act refutes their own claim of urgency. The standard is generally one month from the time of becoming aware of the issue—some courts are slightly more lenient, but one should not rely on that. If you want to take action yourself, you should therefore plan within that one-month period. And if you’re being targeted, first check when the opposing party learned of the matter.
IMMEDIATE ACTIONS
The First 48 Hours
Four steps that come before any substantive discussion.
Record Delivery
Open the envelope and note the date and time. All deadlines begin to run from this moment on—and the method of delivery itself is often open to challenge.
Comply with the ban immediately
Even if the order is wrong, it still stands. Take down posts, stop advertising, and remove merchandise from the store. Only then can the legal issue be disputed.
Check for completeness
The resolution, the written petition, and the attachments form a single unit. If any part is missing, this is not merely a minor procedural error but may affect the enforcement of the resolution as a whole.
Set a path
Objection, objection to costs, motion to set aside, or declaration of settlement—it’s best to make a decision before the other side files a response.
Send us the resolution and the petition—we'll let you know if it's worth pursuing and how much it will cost.
YOUR OPPORTUNITIES
Four Ways to Fight a Preliminary Injunction
Which one applies depends less on the content than on how the directive was established.
Objection
The classic challenge to an administrative order. It forces the court to hold an oral hearing—and thus, for the first time, to hear your side of the story. There is no set deadline, but if you wait for months, you risk being accused of forfeiture.
§ 924 of the Code of Civil Procedure
Objection to Costs
The ban remains in effect; only the decision on costs is being challenged. This makes sense if you accept the ban anyway but have never received a warning and therefore did not give cause for the proceedings.
§ 924 of the Code of Civil Procedure
Motion to Dismiss
Applies when the situation has subsequently changed: The content in question has long since been deleted, the legal situation has changed, or a ruling on the merits of the case turns out differently.
§ 927 of the Civil Procedure Code (ZPO)
Appointment
The procedure to follow if the order was issued not by written decision but as a judgment following an oral hearing. In this case, the standard one-month appeal period begins upon service.
§ 511 of the Civil Procedure Code
The Fifth Way That Hardly Anyone Thinks Of
Under Section 926 of the German Code of Civil Procedure (ZPO), you can have the court set a deadline for the opposing party to file a lawsuit on the merits. Anyone who fails to do so loses the injunction. This is particularly effective against applicants who wanted a quick preliminary injunction but are reluctant to engage in detailed proceedings on the merits.
And if the injunction ultimately proves to have been unjustified from the outset, the petitioner is liable for damages—regardless of fault—under Section 945 of the German Code of Civil Procedure (ZPO)—for lost revenue, halted campaigns, and product recalls. This claim is asserted far too rarely in practice.
PREVENTION
The Written Defense: Your Perspective Is Already on File Before the Petition Is Filed
If you expect someone to take action against you, you don't have to wait and see.
A protective brief is a preventive defense against an anticipated motion for a preliminary injunction. Pursuant to Section 945a of the German Code of Civil Procedure (ZPO), it is entered into the Central Register of Protective Briefs and is thereby deemed to have been filed with all ordinary courts in Germany. If the opposing party later files a motion, the court must take the protective brief into account ex officio.
This effectively negates the very advantage on which summary proceedings rely: the court no longer sees only one side of the story. In many cases, this leads the court to schedule an oral hearing instead of issuing an immediate injunction—and that alone eliminates the element of surprise.
When It's Worth It
After receiving a cease-and-desist letter to which you did not respond or responded only in a modified form. Before a product launch that a competitor is clearly monitoring. After a public dispute in which a counterattack was announced.
What Goes In
Not only your own legal arguments, but above all what the opposing party will fail to disclose: the passage of time, the background of the case, and the issue of urgency. A protective brief that merely reiterates legal arguments is of little use.
How long it lasts
The entry remains in the registry for six months and can be extended. Once the danger has passed, it can be withdrawn—which is advisable so that it cannot be used against you in another context.
Whether filing a preemptive brief is worthwhile in your situation depends heavily on how real the threat is. We’ll discuss this during a no-obligation initial consultation.
THE OVERLOOKED STEP
Final Statement: Why the Proceedings Are Not Yet Over Following the Ruling
A preliminary injunction is, by its very nature, provisional. It regulates a situation; it does not resolve the dispute definitively. The opposing party therefore has an interest in converting the provisional order into a permanent one—and this is done through the final declaration.
By doing so, you acknowledge the injunction as a final resolution and waive your right to object and to seek an order under § 926 of the German Code of Civil Procedure (ZPO). In return, the main action—which would otherwise entail significantly higher costs—is dropped.
The Cost Trap in the Process
If you do not submit a final statement on your own initiative, the other party will send a final letter after a waiting period of usually about two weeks. You may be liable to reimburse the attorney’s fees for that letter—for a letter that requests you to do something you could have done on your own.
Anyone who accepts the order anyway should therefore act beforehand. Anyone who wants to challenge it must under no circumstances sign it, because once that’s done, there’s no turning back. It is precisely this critical juncture that makes consulting a lawyer here usually pay off within a few days.
GET STARTED NOW
An order has been issued in-house—
we'll take a look at it.
Attorneys Patrick Rehkatsch and Juliette Sarvan de Castro handle expedited proceedings in competition law, trademark law, copyright law, and press law. During a no-obligation initial consultation, we’ll determine the best course of action for your case—without legal jargon and without any time pressure on our part.
Attorney
Patrick Rehkatsch
THE OTHER SIDE
You want to file for a temporary restraining order yourself
If someone attacks your brand, your images, or your reputation, summary proceedings are the most powerful remedy available under the Code of Civil Procedure (ZPO).
Speed is everything
The sense of urgency disappears if you wait too long. If you wait weeks after learning about something before you start getting quotes, you’ve often already lost the race against time.
Preliminary Evidence
It’s not conclusive proof, but it’s not just an unsubstantiated claim either. Screenshots with timestamps, affidavits, test purchases—the evidence must be solid before the application is submitted.
Jurisdiction
In our district, the Regional Court of Cologne has jurisdiction over German trademark disputes, while the Regional Court of Düsseldorf has exclusive jurisdiction over EU trademarks throughout the country. Choosing the wrong court can cost you crucial days.
A formal warning usually precedes the claim. It’s not just a matter of courtesy; it also prevents you from being left to cover the entire cost of the proceedings if you admit liability immediately. You can find out what a valid formal warning looks like on our page about formal warnings.
COSTS
How Much Does an Expedited Proceeding Cost?
The costs are based on the amount in dispute, which is typically set lower in summary proceedings than in the main proceedings—often at about two-thirds. In competition and trademark cases, the amounts in dispute usually fall in the five-figure range, depending on the scope and relevance to revenue.
Furthermore, whoever loses in summary proceedings bears the costs for both sides. That is why the first step is always to ask the sober question of whether the claim has a chance of success—not whether one is annoyed.
No-Obligation Initial Consultation
A quick overview over the phone: What’s it about? How urgent is it? Is this a good fit for us? Free of charge and with no obligation.
Initial Consultation
Legal assessment of your case, including specific recommendations and an evaluation of the likelihood of success. Starting at €250 plus VAT.
Review of the Resolution
Review of the administrative decision, petition, and attachments, including a written response. Starting at €500 plus VAT.
For ongoing services, we'll let you know over the phone in advance how much each step will cost. With us, there are no surprises on your bill.
Frequently Asked Questions
Frequently Asked Questions About a Temporary Restraining Order
Yes. The order is enforceable upon service, regardless of whether its content is accurate. Anyone who disregards it risks a fine under § 890 of the German Code of Civil Procedure (ZPO)—and at the same time significantly weakens their own position in the objection proceedings. I’ll let you know in advance how realistic removal is.
The law does not specify a deadline. In practice, however, you should act promptly: If you wait too long, people will question why the matter has suddenly become urgent, and you risk having your claim deemed forfeited. In addition, the deadline for the final letter is running concurrently.
In that case, pursuant to Section 929(2) of the German Code of Civil Procedure (ZPO), it is not validly served and may be set aside—even if the allegation was substantively justified. The method of service is therefore one of the first points we examine.
You are responsible for the court costs and attorneys' fees for both sides, calculated based on the established value in dispute. With a value in dispute of €30,000, the total cost can quickly reach the four-digit range. That is precisely why we assess whether a claim is viable before pursuing it.
Yes. Section 945 of the German Code of Civil Procedure (ZPO) grants you a claim against the petitioner, regardless of fault, if the order proves to have been unjustified from the outset. Compensable damages include, among other things, lost profits and the costs of measures that were discontinued.
That depends on how real the threat is. After receiving a warning letter that threatens legal action, it almost always makes sense to take action. If, on the other hand, you’re acting solely on a hunch with no concrete grounds, the effort involved rarely justifies the benefit.
Yes, we operate nationwide. Expedited proceedings are largely conducted in writing anyway, and we attend hearings throughout the country. In addition to our Cologne office, we have a conference room in Berlin available for in-person meetings.