An interim measure allows the court to intervene quickly, both at the outset and during the proceedings. This can often prevent further damage or ensure the future enforceability of the claim. However, an interim measure is also a fundamental interference with the rights of the debtor, and the court must therefore also consider the proportionality of such an extraordinary interference.
An application for an interim measure may be filed with the court before the action itself is brought, and as a rule, the court must decide on it within seven days. If the court finds the application well founded, it may impose obligations on the debtor as requested by the applicant. However, the claimant must already present sufficiently convincing arguments and evidence in his/her application to convince the court of the necessity of the order - there is a lower standard of proof, as the facts must be "proved" so that the court considers the claimant's claim at least probable. The opposing party does not have the opportunity to comment on the application before the court's decision to ensure the 'surprise' nature of the measure.
The issuance of the measure is conditional on, among other things, certification of its merits and the deposit of CZK 10,000 or CZK 50,000. The court will also impose a time limit on the applicant, within which he or she must follow up the interim measure by bringing an action on the basis of which the court will be able to make a final decision on the temporarily modified rights.