Table of Articles

Brussels Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters

Title II - Jurisdiction
S e c t i o n 9: Provisional, including protective, measures

Art. 24

Measures seeking to maintain a factual or legal situation pending a decision on the substance of the matter - ‘Action paulienne’ - Not includedn - N° 1992/3
Expert’s report - Application solely on the basis of Article 5(1) of the Convention - Application accepted on the basis of Article 24 - Urgency disputed by the defendant - No effect - N° 1992/13
Relationship to the ordinary rules of jurisdiction foreseen by the Convention - Action on the merits brought by the party against whom provisional measures have been applied for - Applicability of article 24 of the Convention to determine the jurisdiction of the court as to the substance of the matter - Excluded - N° 1993/26
Provisional hearing of witnesses prior to civil proceedings (voorlopig getuigenverhoor) - Included - Concept of provisional, including protective, measures within the meaning of article 24 of the Convention - Included - N° 1995/9
Interim relief order - Obligation of payment due under a charter agreement - Jurisdiction of the court of the Contracting State of the place of performance within the meaning of article 5(1) of the Convention to hear a claim brought by a creditor in interim proceedings for an order requiring the debtor to make an interim payment - Conditions - Measure having to take effect in that State - Contract containing an arbitration clause - Relevance - N° 1996/10
Jurisdiction of the court to hear a claim in interim proceedings for an order to make an interim payment - Condition - Measure having to take effect in the State of the court - Concept - Order applied for capable of enforcement in that State - Moment at which that possibility must exist - N° 1996/10
Jurisdiction to entertain an application for provisional, including protective, measures - Concept - Measures applied for in injunctive relief proceedings (kort geding) according to Dutch law - Included - Conditions - Substantive proceedings on the main issue pending or which may become pending - Whether material if arbitration proceedings are pending on the main issue - Claim for injunctive relief ordering the debtor to make an interim payment - Relevance - N° 1996/10
Measures foreseen by the law of a Contracting State - Concept - Jurisdiction of the court hearing an application for injunctive relief based on a domestic provision which cannot, according to article 3, paragraph 2, of the Convention, be invoked against persons domiciled in the territory of another Contracting State - Included - Conditions - Measure having to take effect in the State of the court and which is capable of being enforced there - N° 1996/10
Concept of provisional, including protective, measures - Injunctive relief (kort geding) under Dutch law insofar as it allows the courts to order the debtor to make an interim payment - Inclusion - N° 1997/7
Appraisal of jurisdiction independent from appraisal of jurisdiction to adjudicate on the merits - Jurisdiction vested in the Italian courts to order a protective attachment which has to be carried out in Italy - N° 1997/11
Granting of the measures - Requirements - Measure ordering interim payment - "Provisional measure" within the meaning of Article 24 - Requirements - N° 1999/2
"Provisional" measure ordering interim payment of contractual consideration - Exclusion - Criteria - N° 1999/4
Action brought in a Contracting State in the absence of proceedings on the substance of the matter in another Contracting State - Admissibility - Request for interpretation - N° 2000/12
Action for provisional payment under a contract - Conditions for granting - Measures required to relate exclusively to the assets of the defendant located within the territorial jurisdiction of the court seised - Obligation of the court seised to examine whether an order for the award sought would be executed in the State of domicile of the defendant - N° 2000/26
Expert’s report ordered by an administrative tribunal in the context of a public works contract - Action within the scope of the Convention - Proceedings brought in the courts of another Contracting State having jurisdiction as to the substance - Lack of effect - N° 2000/27
Lis pendens and related actions - Conditions - Identity of parties - Concept - Application lodged in England by an employee of an Irish company against the company - Application subsequently lodged in Spain against the employee by another company belonging to the same group as the employer - Identity upheld - Grant of an injunction prohibiting continuation of the proceedings in Spain - N° 2000/38
Concept - Action for interim payment - Inclusion - Conditions for granting - Guarantee of repayment to the defendant of the amount allocated if the action is dismissed on the merits - Measure must be concerned with assets located within the territorial jurisdiction of the court seised - N° 2000/49
Exclusive jurisdiction - Jurisdiction in matters concerning companies and legal persons - Exclusive jurisdiction in proceedings which have as their object the validity, nullity or dissolution of companies or decisions of their organs of the courts of the Contracting State in which they have their seat - Actions seeking to force the representative of an associate established in the Contracting State of the court seised to act in a certain way in the context of decisions to be taken by the management and assembly of the associates of a company established in another Contracting State - Provisional measures - N° 2001/9
Requirement of a real connecting factor between the subject-matter of the measure sought and the territorial jurisdiction of the court seised - Principal action to establish patent infringement - Application for provisional measures which will have to be enforced on the territory of several Contracting States, amounting to a number of separate applications - Belgian court having no jurisdiction in respect of applications having extra-territorial effect- N° 2001/18
Contract containing an arbitration clause - Jurisdiction that may be founded only on Article 24 of the Convention - Classification of the claimant’s various claims as "provisional measures" - Criteria- N° 2001/54
Patent action - Application for a declaration that a patent has not been infringed brought in another Contracting State by a presumed offender - Application for interim relief brought subsequently in his own State by the holder of the patent to prevent the alleged breach - Conditions for grant of relief - Urgency - Unavailable where the patent holder could have brought proceedings for patent infringement well before the application for the declaration - N° 2002/27
Jurisdiction to order provisional or protective measures - Definition of provisional or protective measures - Preliminary hearing of a witness which must take place before the Netherlands courts before the commencement of a civil action ("voorlopig getuigenverhoor") - Principal claim falling within the jurisdiction of the Belgian courts - Included - Request for interpretation - N° 2003/8
Application for the lodging of security - Requirement of real connection between the subject of the security and the jurisdiction of the court seised on the basis of territorial criteria - Lack of jurisdiction of Netherlands court because there were no assets in the Netherlands which could serve as security - N° 2003/43
Requirement of a real connection between the object of the provisional measure and the territorial jurisdiction of the court seised - Not relevant - N° 2004/36
Notion of provisional, including protective, measures – Hearing of witnesses to enable the applicant to decide whether to bring proceedings on the substance – Exclusion - N° 2005/6


BACK HOME L. Conv.