vorsorgliche Massnahmen · interim measures
Interim measures protect a right before the court decides on the merits. In cases of special urgency, they may be ordered without hearing the opposing party. The English translation says interim measures: an injunction is only one of the measures available.
Request a demoThe term in four languages
- German
- vorsorgliche Massnahmen
- French
- mesures provisionnelles
- Italian
- provvedimenti cautelari
- English
- interim measures
Definition
The court orders the interim measures required where the applicant shows credibly that a right to which they are entitled has been violated or that a violation is anticipated. The violation must also threaten to cause harm that is not easily reparable. The court may order any measure suitable to prevent or stop the harm. The Civil Procedure Code gives several examples (Art. 262 CPC): an injunction, an order to remedy an unlawful situation, an order to a register authority or to a third party, performance in kind and, in the cases provided by law, the payment of a sum of money. In cases of special urgency, the court may order interim measures immediately and without hearing the opposing party.
Swiss federal acts are published in German, French and Italian, and all three versions are equally authoritative. The English term shown here comes from the Federal Administration's English translation, published on Fedlex for information only. Where there is no translation, it follows common usage.
Full glossaryThe term in an official text
powered by Neur.onDas Gericht trifft die notwendigen vorsorglichen Massnahmen, wenn die gesuchstellende Partei glaubhaft macht, dass: a. ein ihr zustehender Anspruch verletzt ist oder eine Verletzung zu befürchten ist; und b. ihr aus der Verletzung ein nicht leicht wieder gutzumachender Nachteil droht.
The court shall order the interim measures required provided the applicant shows credibly that: a. a right to which he or she is entitled has been violated or a violation is anticipated; and b. the violation threatens to cause not easily reparable harm to the applicant.
Source: Fedlex, Civil Procedure Code. In Corrext, this segment and the ones around it appear in Fast lookup CHnell, each with its reference.