MONACO Law and Practice Contributed by: Stephan Pastor, Emeline Elbaz-Mondeux and Xavier Widawski, CMS Monaco
6.5 Respondent’s Worldwide Assets and Injunctive Relief In theory, injunctive relief cannot be granted against worldwide assets of the respondent. However, world- wide movable assets can be seized if located in Monaco (eg, yachts or cars). 6.6 Third Parties and Injunctive Relief Nothing prohibits the issuance of injunctive relief against a third party. 6.7 Consequences of a Respondent’s Non- Compliance The applicant mandates a bailiff to execute the injunc- tion. There are no sanctions, such as for contempt of court. However, in the specific case of a freezing order, the seized third party (eg, a bank) is bound to make various statements to the claimant, and, on failing to do so, could be held liable for the principal. First, a summons is served to the adversary by a Mon - egasque bailiff. Then, at the first hearing, the defend- ant’s lawyer informs the court that they represent the defendant, and a new hearing is scheduled by the judge for the defendant to file their written pleadings in response. The parties may exchange a few written pleadings until the judge sets a date for oral pleadings. 7.2 Case Management Hearings See 7.1 Trial Proceedings . 7.3 Jury Trials in Civil Cases Jury trials are not available in civil cases. 7.4 Rules That Govern Admission of Evidence The filed evidence must have been obtained fairly and be communicated to the court and all the parties involved in the proceedings. If in a foreign language, it must be accompanied by a French translation. Evidence can be presented in court via recordings made on the blockchain. 7. Trials and Hearings 7.1 Trial Proceedings
imminent damage or to stop an obviously unlawful disturbance. There are various injunctions, such as: • prohibiting the use/disclosure of a document; • sale of an asset; • removal of information; and • judicial appointment of a provisional company administrator. Moreover, and subject to proving a certain princi- ple of a claim, an applicant can ask for various sei- zures (regarding real estate, bank accounts, vehicles, yachts, goodwill, shares of a company, etc). 6.2 Arrangements for Obtaining Urgent Injunctive Relief The obtention of injunctive relief depends on the degree of emergency with the case and the adversar- ial or ex parte nature of the proceedings. In adversarial proceedings, a decision is usually obtained between a few weeks and a few months. With an ex parte request, a decision can usually be expected between a few days and two weeks. In the case of severe emergency, the President of the Court of First Instance may authorise summoning on an atypical day or time – eg, Saturday, Sunday and public holidays. 6.3 Availability of Injunctive Relief on an Ex Parte Basis Injunctive relief can be obtained on an ex parte basis. In the specific case of appointing a provisional com- pany administrator, the authors have reservations about the possibility of acting ex parte. 6.4 Liability for Damages for the Applicant In principle, there is no liability for damages for hav- ing initiated a lawsuit, except in the case of abuse of procedure. If a seizure is subsequently withdrawn, the applicant may be required to pay a proportional fee correspond- ing to a percentage of the seizure (from 4% as the lowest amount to 0.4% for sums above EUR23,000). In any case, there is no requirement to provide any security.
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