Injunction Due to Construction or Other Unlawful Acts

If an individual or legal entity believes that an ongoing or imminent action infringes on their rights, they can request an injunction against it.

The injunction halts the action to prevent rights from being lost or destroyed while awaiting a court decision on the matter.

An injunction can be applied to actions such as the demolition or construction of a building, the use of a trademark, or the publication of information.

It is not possible to apply for an injunction against actions by the state or municipalities, nor if other remedies, such as rules on penalties and compensation, are applicable.

Process

A request for an injunction must be submitted to the district commissioner in the jurisdiction where the alleged violation has begun or is imminent. The request must be in writing and is often prepared by a lawyer or attorney.

The district commissioner then processes the request and summons both parties or their representatives for a hearing.

The district commissioner will rule on the matter and either grant or reject the injunction request. If the injunction request is denied, the decision can be appealed to the district court within one week of the district commissioner's decision.

Security deposit

The person requesting the injunction must provide a security deposit, which is a prerequisite for the district commissioner to take the case forward. The district commissioner determines the amount of the security, which is intended to cover the financial damage that the person subjected to the injunction might incur due to the halted action. The amount of the security may be adjusted during the proceedings before the district commissioner.

The person requesting the injunction must file a confirmation case in district court within one week after the district commissioner imposes the injunction, otherwise, the injunction will automatically be lifted. The district court can either uphold the injunction or cancel it.

If the injunction is lifted, the person who was subjected to the injunction can request compensation, which will be paid from the security deposit.

In most cases, injunction requests are processed quickly, as they are considered emergency measures. If disputes arise over the injunction, the police are obligated to assist in enforcing it.

It is not possible to impose an injunction on government or municipal actions. Additionally, injunctions cannot be applied if other remedies, such as rules on penalties and compensation, are sufficient.

Cost

A fee of 12,000 ISK must be paid for processing the request by the district commissioner.