Interim measure

What it means

An interim measure is a quick court decision that temporarily regulates the parties' position before the dispute is decided on the merits. The court may, for example, prohibit dealing with assets or order a party to refrain from or tolerate something. It is used when a later judgment would otherwise be worthless.

The Slovak Code of Civil Contentious Procedure distinguishes the urgent interim measure from the securing measure, which secures a monetary claim by a lien over the debtor's assets. Both can be sought before or during proceedings, and the court decides them as a priority.

The applicant must show a plausible claim and an urgent need, meaning that without the measure serious harm or frustration of future enforcement is likely. The measure is not final; if it later proves unjustified, the applicant may be liable for the damage caused.

How it works in practice

A typical example is a creditor asking the court to bar a debtor from transferring a property when there is a risk it will be sold and the money hidden before the creditor obtains an enforcement title. Trade secrets, trademarks or members' rights in a dispute over a general meeting are protected in the same way.

The court may require the applicant to deposit security against possible damage, and a court fee is payable. If the application was filed before proceedings, the court usually sets a deadline for bringing the action, failing which the measure lapses.

In business relationships an interim measure is a powerful but exceptional tool. Claims are usually protected in advance through security for the obligation, such as a lien or bank guarantee, which needs no court and is more predictable.

What to watch out for

An unjustified application can be expensive. If the court lifts the measure or the applicant loses, the other side can claim damages for having its assets or business blocked. Strong evidence and a realistic view of the chances are needed before filing.

Where the contract has an arbitration clause, an interim measure can still be ordered by a state court, or sometimes by the arbitral tribunal under its rules. Working out early which body has jurisdiction avoids losing time, which is decisive in urgent matters.