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

From: Civil Jurisdiction and Judgements in Europe: The Brussels I Regulation, the Lugano Convention, and the Hague Choice of Court Convention (2nd Edition)

Trevor Hartley

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 01 December 2023

22.01 Provisional measures raise special problems. The purpose of this chapter is to consider these problems in so far as they arise in Brussels and Lugano.1 22.02 Brussels and Lugano have a provision dealing with ‘provisional, including protective, measures’. This is Brussels 2012, Article 35 (Lugano 2007, Article 31). This provision, and the case law under it, contain important rules. These will be discussed in due course, but first we must consider what is meant by this concept. 22.03 Although the phrase provisional, including protective, measures might suggest...
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