CROATIA Law and Practice Contributed by: Lada Ćustić and Marko Paulinović, Buterin & Partners
disclosure of trade secrets obtained in legal proceed- ings, while the Official Statistics Act restricts access to confidential statistical data. Furthermore, agreements on national security prevent the release of classified materials. Under the Right of Access to Information Act, public authorities may also withhold documents where disclosure could hinder criminal investigations or ongoing legal proceedings. These provisions col- lectively ensure that sensitive and protected informa- tion remains confidential throughout the judicial pro- cess. 6. Injunctive Relief 6.1 Circumstances of Injunctive Relief Under Croatian law, courts may grant injunctive relief ( privremena mjera ) to preserve a party’s rights or pre- vent irreparable harm before final resolution of a dis- pute. Applicants must always show the plausibility of their claim and a risk that the opposing party may obstruct enforcement, particularly by hiding or disposing of assets. If enforcement is sought abroad, this risk is presumed. Asset-freezing measures may include freezing bank accounts, prohibiting transfers of real estate, and appointing custodians. Provisional measures may also be ordered during civil proceedings, even without prior notice in urgent cases to prevent imminent risk of irreparable harm or violence. On the other hand, preliminary measures ( prethodna mjera ) may be ordered to secure a well-founded mon- etary claim that has not yet matured. 6.2 Arrangements for Obtaining Urgent Injunctive Relief Under Croatian law, there is no set “waiting period” for urgent provisional relief. Courts must act without delay, often issuing orders the same day or within hours of receiving the application. Similarly, under the Enforcement Act, security measures must be decided promptly once the applicant shows (i) the plausibility of the claim and (ii) risk of asset dissipation. Although
the Civil Procedure Act does not specify a “night judge” system, all courts maintain a duty judge rota. 6.3 Availability of Injunctive Relief on an Ex Parte Basis Croatian courts may grant ex parte relief (eg, asset freezes, custodianship) without hearing the other side when there is an imminent risk of irreparable harm or violence. 6.4 Liability for Damages for the Applicant Under the Enforcement Act, applicants may be held liable for costs and damages if a provisional (secu- rity) measure, whether ex parte or after notice, is later found to be unfounded or unjustified. If the measure is set aside, the respondent is entitled to full compensa- tion for harm caused. Courts may require applicants to deposit advance security for damages before grant- ing certain measures, particularly where the applicant has not yet established both a plausible claim and a risk of asset dissipation. If the security is not provided within the court’s deadline, the application must be dismissed. 6.5 Respondent’s Worldwide Assets and Injunctive Relief Croatian law does not expressly authorise a single “worldwide” freezing injunction covering all assets globally. However, claimants can secure assets both in Croatia and abroad through complementary mecha- nisms. Once a plausible claim is shown, courts may order domestic security measures, such as freezing bank accounts, prohibiting real estate transfers, or appointing custodians – for assets located in Croa- tia. These measures have full effect domestically and facilitate recognition abroad under EU or bilateral enforcement frameworks. For EU-based funds, Regulation 655/2014 enables Croatian courts to issue a European Account Preser- vation Order, directly freezing bank accounts in other Member States. Outside the EU, Croatian freezing orders must be submitted to the foreign jurisdiction where assets are located. Recognition depends on local law and international treaties such as the Hague Convention on International Access to Justice.
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