LIECHTENSTEIN Law and Practice Contributed by: Moritz Blasy, Nicolai Binkert, Simon Ott and Kathrin Binder, Schurti Partners Attorneys at Law Ltd
6.5 Respondent’s Worldwide Assets and Injunctive Relief An applicant for injunctive relief is liable for any dam- age incurred by the respondent as a result thereof if the applicant fails to validate the injunctive meas- ure, be it because the applicant’s case is dismissed in the validation proceedings (ie, main proceedings) or because the applicant fails to initiate the validation proceedings within the deadline set by the court. An applicant for injunctive relief can be ordered to lodge security for the potential damage the respond- ent might incur as a result of the injunctive measure. Such security may be ordered upon application of the respondent or ex officio (especially in the case of ex parte injunctive relief). Furthermore, an applicant for injunctive relief can also be ordered to lodge security for costs, that is for the respondent’s costs in rela- tion to the proceedings concerning the injunctive relief (eg, costs in relation to an appeal against an interim injunction), on the same conditions and according to the same principles that apply to security for costs in ordinary proceedings. 6.6 Third Parties and Injunctive Relief As a general rule, injunctive measures can only be opposed by the applicant’s counterparty, which needs to be clearly identified in the application. However, injunctive relief can be ordered against third parties as far as it relates to a relationship (contractual or other) between a third party and the applicant’s counter- party. For example, a third party who is a debtor or who holds assets of the applicant’s counterparty can be ordered not to settle the respective debt or not to dispose of the respective assets. 6.7 Consequences of a Respondent’s Non- Compliance Court orders granting injunctive relief are immediate- ly enforceable against their addressees and will be enforced by the Liechtenstein enforcement authorities in the case of non-compliance. Non-compliance with an injunction can be punished by the court with a fine or imprisonment upon application by the party who applied for the injunctive relief.
such as municipal councils, the police or the court bailiff. These authorities are obliged to grant the requested measure unless they conclude that the same is manifestly inadmissible. They are not allowed to review the application in terms of the requirements for injunctive relief. The super-provisional measures are valid for two days and cease automatically at the end of this period unless the applicant files an applica- tion for injunctive relief with the court. 6.3 Availability of Injunctive Relief on an Ex Parte Basis It is in the court’s discretion to decide whether the cir- cumstances of the case require that injunctive relief be granted on an ex parte basis or whether the respond- ent should be heard in advance. Injunctive relief is usually granted on an ex parte basis in cases of great urgency or where there is a risk that the enforcement of the relief would otherwise be frustrated. If injunctive relief is granted on an ex parte basis, the respondent can subsequently seek to have the injunctive measure set aside. 6.4 Liability for Damages for the Applicant An applicant for injunctive relief is liable for any dam- age incurred by the respondent as a result thereof if the applicant fails to validate the injunctive meas- ure, be it because the applicant’s case is dismissed in the validation proceedings (ie, main proceedings) or because the applicant fails to initiate the validation proceedings within the deadline set by the court. An applicant for injunctive relief can be ordered to lodge security for the potential damage the respond- ent might incur as a result of the injunctive measure. Such security may be ordered upon application of the respondent or ex officio (especially in the case of ex parte injunctive relief). Furthermore, an applicant for injunctive relief can also be ordered to lodge security for costs, that is for the respondent’s costs in rela- tion to the proceedings concerning the injunctive relief (eg, costs in relation to an appeal against an interim injunction), on the same conditions and according to the same principles that apply to security for costs in ordinary proceedings.
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