Sat, Jul. 21, 2007

Register Pre-TRO Motions

CK - Washington.   Defense motions against anticipated petitions for a TRO--an important means to pro-actively protect a potential party from the adverse effects of an imminent injunction obtained ex parte--involve cumbersome preparations.

Under §937(2) of the German Code of Civil Procedure, ZPO, a defendant would identify all courts with potential jurisdiction over a person and a subject matter that are speculative as long as no petition has been filed. Therefore, defense counsel in Germany file their protective pre-TRO motions, Schutzschriften, with all courts of first instance that may exercise subject-matter jurisdiction.

A new central register, Zentrales Schutzschriftenregister, ZRS, eliminates some of that burden. The electronic register, generally known as the EEAR register, enables the deposit of one copy of the motion for use by all potential courts. Its effectiveness is based on the assumption that court and attorneys will review its listings before responding to a petition for a TRO or other injunctive remedy.

The register's general terms indicate that that commitment is not certain. At present, only attorneys located in Germany may register. [Update: ZRS told us that will change.] The deposit fee of 45 Euros appears reasonable. Heise online mentions 20.000 pre-injunction defense motions annually.

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