Preliminary injunction may be determined if the petitioner of the preliminary injunction, at the suggestion of the opponent of the preliminary injunction, makes the existence of a claim or right probable, and, if there is a risk that without such a measure the opponent of the preliminary injunction could prevent or significantly impede the realization of the claim, in particular by alienating, concealing, encumbering or otherwise disposing of its assets or changing the existing state of affairs or otherwise adversely affecting the rights of the proposer of the preliminary injunction.
In the case in which the founder of this office successfully represented the first defendant in court proceedings 65 0 P 685867 18 Mo, the value of the dispute being BAM 3,760,350.00, and on the occasion of the Challenge a Settlement – preliminary injunction (German Anfechtung eines gerichtlichen Vergleichs – einstweilige Verfügung), by the Decision of the Municipal Court in Sarajevo, case number 65 0 P 685867 18 Mo of 23 May, 2018, the value of the dispute being BAM 3,760,350.00, the Plaintiff/Petitioner of the preliminary injunction to prohibit the opponent of the preliminary injunction from disposing of shares, which refers to the prohibition of undertaking activities and entering the prohibition in the Register of Companies of the Municipal Court in Sarajevo, was rejected.
The aforementioned Decision was confirmed by the Decision of the Cantonal Court in Sarajevo of 17 July 2018, case number 65 0 P 685867 18 Mož, the value of the dispute being BAM 3,760,350.00, which successfully prevented the plaintiff/petitioner of the preliminary injunction from preventing our client from exercising the right of ownership over their property.
The Plaintiff/Petitioner of the preliminary injunction failed to prove that the statutory conditions for determining preliminary injunction were met. Namely, the Plaintiff/Petitioner of the preliminary injunction has not proven any of the cumulative conditions prescribed by law. They did not make their right probable, and the Plaintiff/Petitioner of the preliminary injunction failed to prove the existence of a danger that without such a measure the opponent of the preliminary injunction could prevent or hinder the exercise of claims or otherwise adversely affect the rights of the Proposer.
If you need legal counselling on the subject of Challenge a Settlement – preliminary injunction (German Anfechtung eines gerichtlichen Vergleichs – einstweilige Verfügung) as a company, member of a company, director or founder or you need a corporate law attorney for your company or for your business idea, then you are in the right place with us and you can contact our corporate law attorneys directly by phone (+387 62 342 463), WhatsApp, Viber or e-mail (rasid@haracic.ba).