FINLAND Law and Practice Contributed by: Marja Norrena, Maija Ahtiainen and Valmari Keskimäki, Lieke Attorneys Ltd
5.6 Rules Disallowing Disclosure of a Document
Other Right or Claim If the applicant can demonstrate that they probably have some other type of right that would be enforcea- ble against the opposing party by a court decision and that there is a risk that the opposing party, by a deed, action or negligence, or in some other manner, hinders or undermines the realisation of the applicant’s right, or essentially decreases its value or significance, the court may: • prohibit the opposing party’s deed or action, or order the opposing party to do something under threat of a fine; • empower the applicant to do something or to have something done; • order that the opposing party’s property be placed under the administration and care of a trustee; or • order other measures necessary to secure the applicant’s right. Anti-suit injunctions preventing parallel proceedings in another jurisdiction are not typical in Finland, and it is unclear whether they are allowed under Finnish law, as this matter has not been addressed explicitly in the Code of Judicial Procedure. However, the broad description of available precautionary measures dis- cussed above arguably allows Finnish courts to issue such injunctions. 6.2 Arrangements for Obtaining Urgent Injunctive Relief In general, the court must consider applications for precautionary measures as a matter of urgency. In the most urgent cases, the time between submitting an application to the court’s decision and its enforce- ment by the enforcement authority can be as short as a few hours. 6.3 Availability of Injunctive Relief on an Ex Parte Basis In principle, an application for a precautionary meas- ure cannot be granted without giving the opposing party an opportunity to be heard. However, if the pur- pose of the precautionary measure might otherwise be compromised (ie, the opposing party might hide or lose their assets), the court may, at the applicant’s request, issue an interim order on the precautionary measure without giving the opposing party an oppor-
In addition to legal privilege, there are several other rules that allow withholding information that would otherwise have to be disclosed. These rules cover, for example, trade secrets, state secrets, informa- tion subject to statutory confidentiality requirements, exceptions for close relatives and spouses, the pro- tection of journalists’ sources, and the use of illegally obtained evidence. 6. Injunctive Relief 6.1 Circumstances of Injunctive Relief The Code of Judicial Procedure provides Finnish courts with a wide discretion to order various types of precautionary measures to protect the value of a claim. Precautionary measures can be applied during or before legal proceedings are initiated. However, if legal proceedings are not already pending when the application for a precautionary measure is made, the applicant must initiate proceedings on the main issue within one month of the order granting the precaution- If the applicant can demonstrate that they probably hold a debt that could be made payable by a court decision and there is a risk that the opposing party will hide, destroy or convey their assets, or take oth- er actions that could jeopardise the payment of the applicant’s debt, the court may order the seizure of the opposing party’s assets up to the amount required to ary measure. Receivables secure the payment of the applicant’s debt. A Specific Object or Other Given Property An object or other given property in the possession of the opposing party may also be seized if the applicant can demonstrate that they probably have a prior right to the object or property in question that would be enforceable by a decision and if there is a risk that the opposing party will hide, destroy or convey the object or property, or take other actions that would jeopardise the applicant’s rights.
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