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Injunction

From Equity (common law)

Procedure and evidence

What it means

A court order that tells a person to do something, or more often to stop doing something, backed by the threat of punishment for contempt. It can be temporary, until the case is decided, or final.

Why it travels badly

Civil-law systems have fast procedures that do some of the same work, but they come from a different logic: a summary judge issues a temporary measure, or a court orders performance in kind. The common-law injunction is a flexible equitable order enforced through contempt.

How other systems say it

England and Wales

injunction (interim and final)

American Cyanamid v Ethicon (1975) sets the usual test for an interim injunction: a serious question to be tried, and the balance of convenience.

France

référé

A judge decides urgently, on a provisional basis, in a special summary procedure.

Germany

einstweilige Verfügung (§§ 935 ff ZPO)

A provisional order to protect a right while the main case is pending.

Italy

provvedimenti d'urgenza (art 700 c.p.c.)

A general provision that lets a judge order urgent measures to prevent irreparable harm.

Tip for translators and students

'Injunction' is not 'prohibition' or 'ban'. In a translation, say that it is a court order, and whether it is temporary or final.

Related: Equity, Specific performance, Contempt of court

Updated October 2026. Spotted a mistake? Tell us.

TheLawToKnow Tools’s glossary is an educational overview of the main differences between legal systems. It is not legal advice.