Rule 212

Order on provisional measures without hearing the defendant

Rules of Procedure

Part 3 – Provisional measures

Rule 212 – Order on provisional measures without hearing the defendant
  1. The Court may order provisional measures without the defendant having been heard, in particular where any delay is likely to cause irreparable harm to the applicant or where there is a demonstrable risk of evidence being destroyed. Rule 197 shall apply mutatis mutandis.
  2. Where provisional measures are ordered without the defendant having been heard, Rule 210 shall apply mutatis mutandis to the oral hearing without the presence of the defendant. In such cases, the defendant shall be given notice of the provisional measures without delay and at the latest immediately at the time of execution of the measures.
  3. The defendant may request a review. Rule 197.3 and .4 shall apply mutatis mutandis.

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Relation with Agreement:

Article 60(5) and (6) – Order to preserve evidence and to inspect premises

Relation with Statute:

Linking to this rule:

Rule 208 – Examination as to formal requirements, recording in the register, assignment to panel, designation of judge-rapporteur, single judge