Provisional and protective measures and Regulation Brussels I-bis

Por admin 8 junio, 2015 Sin categoría

A new paper on «Provisional and protective measures and Regulation Brussels I-bis» due to Alfonso-Luis Calvo Caravaca, Professor of Private International Law at the Carlos III University of Madrid and Javier Carrascosa González, Professor of Private International Law at the University of Murcia has just seen the light on the most recent issue of the well-known legla journal «Rivista di diritto internazionale privato e processuale», 2015, no. 1, pp. 55-78.

This paper addresses the impact of Council Regulation No 1215/2012 Brussels I (recast) on provisional and protective measures in civil and commercial matters. The paper shows that this Regulation definitively enhances the recognition and enforcement of those measures in the European Union. Provisional and protective measures attempt to reduce the risks of litigation when the debtor tries to hide or sell his assets, which is relatively easy in a globalized international society where free movement of goods and capitals is assured. Hence, Art. 42(2) of Regulation No 1215/2012 provides that enforcement in a Member State of a judgment given in another Member State ordering a provisional or protective measure is possible only if the applicant provides the competent authority proof of service of the judgment ordering that provisional measure, in the case that provisional or protective measure was ordered without the defendant being summoned to appear. The new Regulation gives those measures wider possibilities of recognition and enforcement in the EU even if they were adopted inaudita parte debitoris.

__________________________