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12 Provisional Measures

Arnaud Nuyts

From: The Brussels I Regulation Recast

Edited By: Andrew Dickinson, Eva Lein, Andrew James (Assistant Editor)

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2022. All Rights Reserved.date: 05 December 2022

Subject(s):
Provisional remedies

This chapter discusses Art 35 of Regulation (EU) No 1215/2012 of the European Parliament and of the Council on Jurisdiction and the Recognition and Enforcement of Judgments (Recast). Art 35 is an exception to the principle that jurisdiction can only be established under the grounds of jurisdiction provided for in the Regulation itself, namely those spelt out in Arts 4 and 7-26 of the Regulation. Topics covered include the two-track jurisdictional system for provisional measures, the notion of provisional and protective measures, and the territorial restriction.

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