Greek preliminary injunction delays do not amount to lack of urgency

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Cookies Settings

Greek preliminary injunction delays do not amount to lack of urgency

Sponsored by

patrinos-logo.png
Injunction. Document with label. Desk with books and judges gavel in a lawyer's office.

Constantinos Kilimiris of Patrinos & Kilimiris draws on recent case law in noting that an applicant’s timely action fulfils the urgency requirement for the granting of a preliminary injunction

According to the Greek Code of Civil Procedure, preliminary injunctions are available if the applicant proves that its rights are prima facie infringed or that there is an imminent threat of infringement and that there is an urgent need to protect its right from such infringement.

Urgency is therefore one of the requirements for the grant of a preliminary injunction. While there is no deadline set in the law for filing a preliminary injunction application, the court will always examine whether:

  • The need to provisionally protect a right is truly urgent, in the sense that without such protection, the applicant may suffer irreparable, or difficult-to-reverse, harm; and

  • The applicant has acted without delay from the moment it became aware of an infringement or a threat thereof.

In patent litigation relating to pharmaceutical products, there is settled case law according to which the threat of the launch of an infringing product in the market, while patent protection is still available, will satisfy the urgency requirement for the patent holder, as this would be considered as an objective indication of irreparable or difficult-to-reverse harm.

The balance of convenience is also a factor considered by the court and it is advisable that a patent holder should preferably act before an infringing product be placed in the market.

An example from Greek judicial practice

In the above context, the Athens First Instance Single Member Court was recently called to hear a preliminary injunction application of an originator company acting against a company intending to launch a generic product in the Greek market.

The preliminary injunction application was filed before the launch of the generic product, but the hearing of the case was postponed for over a year, due to reasons not attributable to the applicant, and thus took place well after such launch.

At the hearing, the generic company raised an objection alleging lack of urgency based on the fact that a long time had passed since the filing of the preliminary injunction application and its product was already in the market, adding that if a preliminary injunction was granted, it would be the party to suffer irreparable harm.

The objection was rejected by the court, which focused on whether the applicant had acted in a timely manner. In this respect, the court found that the applicant had acted without delay, having requested protection as soon as it became aware of imminent infringement and, in any case, before the launch of the generic product, and that the fact that a long time had passed since the filing of the application, during which the generic product was launched, could not be to the detriment of the applicant, which acted diligently.

Comment on the court’s methodology

While the circumstances of this case are exceptional, as such long delays are not common in preliminary injunction proceedings, it is certainly reassuring that the court applied the correct test and acknowledged that what is important is whether the applicant had acted in a timely manner rather than the situation created due to the delay in hearing the case.

more from across site and SHARED ros bottom lb

More from across our site

Jevon Louis explains how Covid led to a focus on local clients, discusses why mediation is successful in Singapore and reflects on the growing demand for AI advice
An increase in instructions from domestic companies and litigation for international clients are driving success for the Chinese IP firm, according to two lead partners
Ankur Sangal said he wants his team, nearly 30-strong already, to respond to a growing demand for specialist, commercially focused IP advice in a ‘rapidly evolving’ Indian market
As AI adoption accelerates across corporate IP departments, Simon Webster, president of IP at Clarivate, argues that success will depend less on technology alone and more on data quality, workflow design, and organisational readiness
After months of speculation over his next move, former Texas patent judge Alan Albright has found a new home at the firm’s Austin office
Law firms can now participate in the research for the Managing IP Awards and IP STARS rankings
The firm has hired former Norton Rose Fulbright patent prosecution leader Ronak Kalhor-Witzel as it seeks to strengthen its position in high-value technology, UPC and international patent matters
Angela Dunning shares why it’s an exciting time to be practising at the intersection of AI and IP, where the law is actively being made
The Dutch division is cementing its position as the UPC's primary alternative to Germany, with a consistent share of filings and growing market influence
Junior lawyers aren’t unwilling to work hard, as some seniors believe; rather, they are rejecting traditional career advancement models that have limited payoff
Gift this article