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Civil Jurisdiction and Judgments in Europe - The Brussels I Regulation, the Lugano Convention, and the Hague Choice of Court Convention by Hartley, Trevor C (20th July 2017)

Part IV Procedural and Systemic Issues, 22 Provisional, Including Protective, Measures

From: Civil Jurisdiction and Judgments in Europe: The Brussels I Regulation, the Lugano Convention, and the Hague Choice of Court Convention

Trevor C Hartley

Subject(s):
Protective measures — Interim anti-suit injunctions — Provisional remedies

This chapter considers the special problems raised by provisional measures under Brussels 2012 and Lugano 2007. Both instruments have a provision dealing with ‘provisional, including protective, measures’. This is Article 35 in Brussels (Article 31, Lugano). This provision and the case-law under it contain important rules. The chapter begins by discussing the concept of ‘provisional, including protective, measures’. According to the Court of Justice of the European Union, the concept applies to measures which are ‘intended to preserve a factual or legal situation so as to safeguard rights the recognition of which is otherwise sought from the court having jurisdiction as to the substance of the case’. The discussions then turn to the jurisdiction to grant provisional/protective measures and recognition and enforcement of provisional/protective measures.

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