Table of Articles

Lugano 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 provided for in national law - Jurisdiction of the English courts to order a Mareva injunction in aid of an action pending in another Contracting State - Order not to dispose of, and to disclose assets worldwide of the defendant in the foreign proceedings domiciled in the United Kingdom - Admissibility -Condition - Measure expedient in order to prevent the judgment to be rendered by the foreign court from being ineffective -  N° 1998/34
Jurisdiction independant from jurisdiction as to the merits - Lack of territorial jurisdiction of Austrian courts under national law made applicable by the Convention - Condition - Austria's obligation to create an additional head of jurisdiction in accordance with Article 24 - Absence - N° 1999/16
Action for leave to sequestrate property in Switzerland on the basis of a foreign decision - Conditions - “Enforceable” nature of the judgment in the State of origin - Norwegian judgment indicating a “time allowed for enforcement” remaining unimplemented - Absence of enforceable nature of the decision under Norwegian law and with regard to the Lugano Convention - Rejection of the application - N° 2000/18
Jurisdiction independent of jurisdiction on the merits - Clause conferring jurisdiction on the courts of another Contracting State - No effect - N° 2000/20
Concept - Measures aimed at maintaining a situation of fact or of law whilst awaiting a decision on the merits - Performance of a distribution contract - Inclusion - Conditions - N° 2000/20
Application for provisional measures brought by a claimant resident in Germany before a Polish court against a defendant domiciled in Poland - Jurisdiction to decide on application independent of jurisdiction as to the substance of the matter - Application of Article 24 of the Convention - N° 2002/57
Measure ordering payment of a sum into court - Main proceedings before the courts of another Contracting State - Conditions for grant - Existence of real connection between the subject-matter of the measure and the territorial jurisdiction of the court seised - N° 2003/44
Judgment by a court authorising provisional or protective measures in non-Contracting States – Failure to apply the rule laid down in Case C-125/79 Denilauler v Couchet Frères reserving the grant of provisional measures to the courts of the place or the Contracting State where the assets which are the subject of the measures requested are situated - N° 2005/45


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