Interim injunction under penalty of a fine – Security measure, evidence of risk & Excel | Word/PDF

Interim injunction with penalty payment – a protective measure under Swedish civil procedure. A digital document package for businesses and other rights holders who need to explore the possibility of a temporary court order to protect a specific civil right. Prepare a precise injunction request, identify the right at risk of harm, document the risk and evidence, and keep track of security, processing, and decisions.

Important: The package consists of private working documents – not an official court form and not an actual injunction. No file gives anyone the right to unilaterally stop another person's business activities or impose a penalty payment. A measure under Chapter 15, Section 3 of the Swedish Code of Judicial Procedure is decided by a court after an individual assessment and is distinct from a freezing order for a monetary claim under Chapter 15, Section 1.

When might an interim injunction with penalty payment be appropriate?

Chapter 15, Section 3 of the Swedish Code of Judicial Procedure allows the court to order an appropriate protective measure, including an interim injunction with penalty payment, when the applicant shows probable grounds for a claim that may be subject to legal review and it can reasonably be expected that the opposing party's actions hinder or obstruct the right or substantially diminish its value. A measure must be linked to the substantive claim, be necessary, proportionate, and sufficiently precise to be enforceable.

Complete Document List

File	Content	Format
01. Application for Protective Measure	Precise injunction request, claim, risk, and evidence	DOCX + PDF
02. Injunction Request and Rights Matrix	Injunction target, scope, conduct, and protected right	DOCX + PDF
03. Sabotage Risk and Evidence Log	Specific risk, primary sources, evidence points, and counterarguments	DOCX + PDF
04. Security and Interim Review	Danger in delay, proportionality, offered security, and decisions	DOCX + PDF
05. Decision Log and Main Action	Court decision, conditions, filing, main action, and possible revocation	DOCX + PDF
06. Swedish User Guide	Step-by-step guidance for preparatory and follow-up procedural work	DOCX + PDF
07. English User Guide	English reference guide, not a translation of the application	DOCX + PDF
08. Excel Spreadsheet – 9 Tabs	Cases, requests, risk evidence, security, decisions, and cost register	XLSX

Excel Spreadsheet with Nine Tabs

Overview, Cases, Requests, Risk Evidence, Security, Decisions, Events, Costs, and Read Me. The spreadsheet tabs accommodate up to 150 entries and feature clear status fields. The overview shows the number of registered cases, specified requests, source-checked evidence, and actually registered court decisions. A separate cost section summarizes controlled estimates and verified expenses.

Legal Disclaimer: The workbook does not calculate the risk level, probability of review, right to a penalty payment, appropriate security amount, or statutory deadlines. Estimated costs are not court-determined damages, penalty payment amounts, or litigation costs.

How to Use the Package

1. Identify a specific substantive claim and check whether Chapter 15, Section 3 is the correct path, as opposed to a freezing order under Sections 1–2 or special legislation.
2. Document with actual evidence why probable grounds exist for the claim.
3. Describe actual circumstances that create a risk that the opposing party will hinder or obstruct the right or substantially diminish its value.
4. Formulate exactly what the opposing party should be prohibited from doing, who the request is directed against, the relevant objects, location, and scope.
5. Review the need, proportionality, and the possibility of less intrusive alternatives, as well as the opposing party's potential harm.
6. Investigate security under Chapter 15, Section 6, and whether an exception may be applicable at all.
7. If an immediate interim decision without prior comment is sought, state the actual circumstances that show danger in delay under Chapter 15, Section 5.
8. Submit the application to the competent court with a signature and actual attachments. Follow the court's instructions.
9. If the measure is granted before the main action is filed: manually check the one-month deadline in Chapter 15, Section 7. Record court decisions and any revocation under Section 8 only when they actually exist.

Legal Requirements

Substantive Claim, Sabotage Risk, and Proportionality

Under Chapter 15, Section 3, the claim must have sufficient legal basis and the risk must be concrete. The Supreme Court's decision Ö 5078-16 emphasizes that the protective measure must be linked to the substantive claim, that the requested measure must be precise enough for enforcement, and that the disadvantages to the opposing party must be weighed against the applicant's interest.

Not a Shortcut to General Evidence Collection

The Supreme Court states that the protective measure may not be used solely to secure a procedural right or give the applicant access to material for the purpose of investigating whether a claim exists. For documentary evidence, the rules on production under Chapter 38 of the Code of Judicial Procedure may be relevant.

Opposing Party's Comment, Security, and Deadlines

Under Chapter 15, Section 5, the opposing party should generally be given an opportunity to comment unless danger in delay justifies an immediate decision. Chapter 15, Section 6 normally requires the applicant to provide security for any potential harm. If the measure is granted before the action is filed, the one-month deadline in Chapter 15, Section 7 may be decisive. Chapter 15, Section 8 deals with when the measure must be revoked.

Frequently Asked Questions

What is an interim injunction with penalty payment?

A temporary court order that can prohibit a specific action or business activity, with a penalty payment as a means of enforcement. A private template cannot create such an order.

Can I get an injunction just because a contracting party is behaving badly?

No. A legally grounded and concrete claim, probable grounds, relevant sabotage risk, and an appropriate and proportionate measure are required. An alleged breach of contract is not automatically sufficient.

Can the court make a decision without hearing the opposing party?

Yes, in certain exceptional circumstances where there is danger in delay. The applicant must concretely show why a decision cannot wait for the opposing party's comment.

Must security be provided?

Normally yes, under Chapter 15, Section 6. There are limited exceptions. The court will review the security if it has not been approved by the opposing party.

What is the difference compared to a freezing order?

A freezing order under Chapter 15, Sections 1–2 is directed, among other things, at property to secure payment or better rights. A protective measure under Section 3 may, for example, consist of an injunction prohibiting the continuation of a certain business activity.

Does an application draft stop the opposing party's business activities?

No. Only an actual legal decision can create the obligation specified in the decision. Excel status and a draft lack such effect.

Related Document Templates

See Business Agreements – Templates for related agreements and procedural templates. This package complements the products for freezing orders for monetary claims, production orders, and contentious cases without replacing them.

Version and Official Sources

Version 1.0 · November 1, 2026 · Sweden. The Swedish Code of Judicial Procedure, Swedish Parliament, especially Chapter 15, Sections 3 and 5–10, and Supreme Court Ö 5078-16. AI-assisted legal source check performed. No external independent legal review, court review, or guarantee of approval has been performed or is promised.