Provisional and protective measures, Article 54
This part concerns Article 54[1]
A party that is considering applying for recognition and enforcement of a decision given by the courts of another Member State may, before obtaining that decision in the State of enforcement, apply for provisional or protective measures in the State of enforcement in accordance with the law applicable in that State of enforcement.
Example :
Marcello, an Italian national, lived in Milan. He was the owner of a number of buildings, including a large chalet, in the French Alps where he rented out apartments to holidaymakers.
Marcello died on 17 September 2015, leaving behind him his wife Simona and a son, Luigi, who lives in France.
Simona and Luigi do not agree as to how to share out the estate.
An Italian court is seised of the dispute and decides, among other things, to attribute the building in France to Luigi. However, since Marcello’s death, Simona alone has been receiving the rents from the building.
Luigi seises a French court to have it ascertained that the Italian judgement must be enforced in France, and in particular to obtain recognition of the fact that the chalet has been attributed to him.
Pending the outcome of this procedure, Luigi will apply to the enforcement judge to issue an attachment order on the rents paid by the holidaymakers who occupy the chalet.