CURIA

Brussels and Lugano Conventions

Classification Scheme



E Convention on Jurisdiction and Enforcement of Judgments
E-39 Appeal against an order for enforcement - Protective measures

Type of measures to be defined by national law - Refusal to order sequestration as a protective measure - Arbitrary application of Swiss law relating to provisional measures - None - None - N° 2001/20

Determination in accordance with the law of the court before which enforcement is sought - Provisional registration of mortgage - Whether permissible - Foreign decision on whether debt is payable not final - Not relevant - Obligation to notify, prior to the adoption of the protective measure, the decision ordering enforcement to the party against whom enforcement is sought - No such obligation - Cancellation of the provisional registration if not converted into a mortgage once the order for enforcement becomes final - No - N° 2004/29




RETOURNER ACCUEUIL