Last Updated June 17, 2019

Law and Practice

Contributed By Pérez-Llorca

Authors



Pérez-Llorca Pérez-Llorca has a Litigation & Arbitration practice in both its Madrid and Barcelona offices. The team is composed of eight partners, two counsel and 35 other qualified lawyers. Lawyers act for clients before all legal forums throughout Spain, and focus on both commercial litigation and international and domestic arbitration. The firm has extensive experience in defending clients’ interests before the Public Administrations, and before the CJEU (Court of Justice of the European Union). The lawyers have broad experience in complex cases relating to corporate issues, shareholders’ disputes, directors’ liability, contractual disputes, unfair competition, intellectual property, energy, construction, engineering, insurance, banking, tort liability, privacy and personal image, and restructuring and insolvency.

The SCPA establishes that the court may order an injunctive relief in the following circumstances:

  • if the injunctive relief is aimed exclusively at guaranteeing the effectiveness of the judicial protection that may be granted in a possible affirmative judgment, to ensure that it cannot be prevented or hampered by situations occurring while the relevant proceedings are still pending;
  • if the injunctive relief cannot be replaced by another measure equally effective for the purposes of the preceding paragraph but is less burdensome or damaging for the defendant.

The applicant must comply with the following requirements:

  • an injunctive relief may only be awarded if the applicant justifies, during the course of the proceedings that, in the current case, failure to award an injunctive relief could prevent or hinder the effectiveness of the protection that may be granted in the event that an affirmative judgment is ultimately passed.
  • together with the applicant’s request for an injunctive relief, the applicant must also submit the details, arguments and documentary evidence allowing the court, without forejudging the merits of the case, to make a provisional and circumstantial judgment in favour of the basis of their claim. If the applicant lacks such documentary evidence, they may offer other forms of evidence, which the applicant must propose in due form in the same brief.
  • unless expressly decided otherwise, the applicant for the injunction must post sufficient security, in a swift and effective manner, to compensate for the damages that the adoption of the injunction may cause to the defendant’s estate.

The following types of injunctions are available, among others:

  • a pre-judgment attachment, aimed at ensuring the enforcement of judgments ordering the delivery of certain amounts of money or yields, rents and fungible goods that can be estimated by applying fixed prices;
  • apart from the preceding subparagraph, a pre-judgment attachment shall also be appropriate if it proves to be the most suitable measure and cannot be replaced by another measure that is equally or more efficient and less damaging for the defendant;
  • the intervention or court-ordered receivership of productive assets, when a judgment is sought ordering their delivery under the title of the owner, usufructuary or any other title involving a legitimate interest in maintaining or improving productivity or when guaranteeing that the latter is of paramount importance to ensure that the judgment is passed in due time;
  • the deposit of a moveable asset, when the applicant seeks a court order for the delivery of the asset that is in the possession of the defendant;
  • the drawing up of inventories of assets in accordance with the conditions to be specified by the court;
  • the precautionary registry notation of the claim when the latter refers to assets or rights subject to inscription in public registries;
  • other registry notations in cases where registry publication can ensure adequate enforcement;
  • the court order to provisionally stop an activity: the temporary abstention from a certain conduct or the temporary obligation to suspend or to cease an action that was being carried out;
  • the intervention and deposit of income obtained through an activity considered illicit and whose prohibition or cessation is requested in the claim, as well as the consignment or deposit of the amounts claimed as compensation for the intellectual property;
  • the temporary deposit of the works or objects allegedly produced contrary to the rules on intellectual and industrial property, as well as the deposit of the material used for their production;
  • the suspension of the disputed corporate resolutions when the claimant or claimants represent at least 1% or 5% of the corporate capital, depending on whether or not the defendant company has issued securities that, at the time of the dispute, are admitted to negotiation on an official secondary market;
  • any other measures expressly established by the laws for the protection of certain rights or deemed necessary to ensure effective judicial protection necessary in the event that an affirmative judgment is given at the trial.
Pérez-Llorca

Paseo de la Castellana, 50
28046 Madrid

+34 91 436 04 20

+34 91 436 04 30

info@perezllorca.com www.perezllorca.com
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Authors



Pérez-Llorca Pérez-Llorca has a Litigation & Arbitration practice in both its Madrid and Barcelona offices. The team is composed of eight partners, two counsel and 35 other qualified lawyers. Lawyers act for clients before all legal forums throughout Spain, and focus on both commercial litigation and international and domestic arbitration. The firm has extensive experience in defending clients’ interests before the Public Administrations, and before the CJEU (Court of Justice of the European Union). The lawyers have broad experience in complex cases relating to corporate issues, shareholders’ disputes, directors’ liability, contractual disputes, unfair competition, intellectual property, energy, construction, engineering, insurance, banking, tort liability, privacy and personal image, and restructuring and insolvency.

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