forføyninger

Forføyninger are provisional court orders used to protect rights or prevent irreparable harm while a dispute is ongoing. In Danish and Norwegian civil procedure, the term covers injunctive relief and other provisional measures issued by courts or, in some contexts, by regulatory authorities. They are designed to preserve the status quo, safeguard assets, or compel or prohibit specific actions until the main case is decided.

There are several common forms. A temporary or urgent forføyning may be granted ex parte (without the other party’s presence) in truly urgent situations, with a subsequent hearing. A permanent or longer-term forføyning may be issued as part of the main proceeding or as a separate order, pending a final judgment. Special forføyning can address issues such as preventing disclosure of confidential information, restraining competing activities, or maintaining custody or access arrangements in family matters.

Grounds for granting a forføyning typically include: a risk of irreparable harm or substantial prejudice if relief is not granted; a reasonable likelihood of success on the underlying claim; and that the relief is proportionate to the aim and does not unduly restrict rights.

Procedure usually involves filing an application with supporting evidence, serving the other party, and a court decision after a hearing. In urgent cases, the court may grant a temporary measure with a later opportunity for the opposing party to be heard. Noncompliance with a forføyning can lead to penalties, fines, or enforcement through standard coercive powers.

Effect and duration vary by jurisdiction but commonly a forføyning remains in force until the main dispute is resolved or the court withdraws or modifies it. It is distinct from a final judgment and serves to prevent harm or preserve rights during litigation or administrative action.