Precautionary taking of evidence

Good to know

If, after the summary proceedings for preliminary measures, the principal action is not yet pending, the court will set a deadline within which the applicant must file their action, subject to the ordered measure becoming automatically ineffective in the event of default.

This is not required if the summary proceedings only aim to request a precautionary taking of evidence as set out in Art. 158 CPC.

In this case, evidence is simply taken, for example, by requesting an expert opinion if the applicant shows credibly that the evidence is at risk or that it has a legitimate interest.

For example, if it is feared that documents or counterfeit goods might be destroyed during ordinary proceedings, it is possible to request the court before or during the proceedings to order an expert opinion to immediately determine the characteristics of the disputed goods.