Definition and purpose of the protective writ The protective writ is a preventive, written means of defense that potential defendants can submit to the courts as a precautionary measure to protect themselves against impending interim injunctions or arrest measures without a prior hearing. The background to the writ of protection is that, in accordance with the provisions of interim legal protection (Sections 916 et seq., Sections 935 et seq. of the German Code of Civil Procedure, ZPO), courts can issue measures such as interim injunctions or attachments at the request of a party even without an oral hearing. In order to prevent these disadvantages, the protective brief enables a party to present its own legal position at an early stage.

Legal regulation and electronic register of protective writs Since 2016, there has been an electronic central register of protective writs in Germany pursuant to Section 945a ZPO, in which protective writs are entered nationwide. Before issuing a temporary injunction or an attachment, the courts are legally obliged to check the register of protective writs. This central electronic registration ensures that the courts can consider the legal position of the opposing party before issuing measures.

Formal requirements for the protective letter The protective letter must meet formal and substantive requirements. For example, the parties involved must be named and the feared application must be clearly described. In addition, the jurisdiction (e.g. ordinary courts, labor courts, etc.) before which a corresponding measure is feared must be stated. A detailed and substantiated presentation of the defense arguments is important in order to convince the court of the unjustified nature or lack of urgency of an impending application.

Typical contents of the protective letter The core of the protective letter usually contains the following arguments:

• Objections to the claim for injunction, such as lack of material entitlement of the opponent.
• Objections to the grounds for the injunction, in particular doubts as to the alleged urgency.
• References to parallel proceedings already pending or existing agreements that could make an interim injunction unnecessary.

These specific objections are intended to create the basis for a balanced court decision and prevent the misuse of interim legal protection measures.

Legal significance and effect of the protective writ In legal terms, the protective writ does not constitute an independent legal remedy, but is rather a procedural precautionary measure to safeguard the right to be heard. If the court issues a temporary injunction despite the existence of a protective brief, it is obliged to refer to the protective brief and its arguments in its reasoning. This improves the chances of successfully taking action against unjustified or excessive measures and, if necessary, having them lifted quickly.

Practical relevance and strategic considerations The protective brief is particularly relevant in disputes under competition law, copyright law and press law, in which preliminary injunctions are typically issued at short notice. The strategic importance lies in discouraging the applicant in advance or facilitating an out-of-court settlement by filing early. Companies and lawyers therefore regularly use protective letters as an effective proactive instrument for managing proceedings.

Outlook and recommendation The establishment of the electronic register of protective writs has further increased the practical importance of protective writs. It is recommended that litigants submit protective writs promptly and comprehensively, especially if there is an increased likelihood of interim measures. This ensures effective legal protection, promotes procedural fairness and helps to avoid unnecessary costs and damage caused by premature judicial measures.

Conclusion on the protective brief The protective brief is an important procedural means of effectively defending against impending interim injunctions and arrest measures. It provides effective protection against unexpected court decisions and promotes equal opportunities and the right to be heard in interim legal protection proceedings.