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Last update: 04-11-2009
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Interim and precautionary measures - International law

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“I want measures to be taken quickly in a State that is not a Member State of the European Union without waiting for final judgment to be given.”

You will have to apply to the courts there for provisional enforcement of the judgment or for protective measures. In many States these measures are confined to assets located in the State of origin, or are difficult to implement in another State.

Obtaining interim or precautionary measures outside the Union is a matter for the private international law of the relevant country.

A variety of international organisations have embarked on work in parallel:

  • In 2001 the Council of Europe adopted a Resolution on “General approach and means of achieving effective enforcement of judicial decisions”. Recommendation Rec(2003)17 of the Committee of Ministers to member states lays down common European rules and principles concerning enforcement procedures and enforcement agents.
  • The Hague Conference on Private International Law has carried out a comparative-law study on interim and precautionary measures in international disputes.
  • The International Institute for the Unification of Private Law (UNIDROIT) has drafted a set of common principles PDF File (PDF File 416 KB) of civil procedure as regards protective measures.

Reference documents

  • Resolution No 3 on “General approach and means of achieving effective enforcement of judicial decisions”, 4-5 October 2001 (Council of Europe)
  • Recommendation Rec(2003)17 on "Enforcement", 9 September 2003 (Council of Europe)
  • Note on provisional and protective measures in private international law and comparative law, Preliminary document No 10, October 1998 (Hague Conference)
  • Principles PDF File (PDF File 416 KB) and rules of transnational civil procedure, point 17 (UNIDROIT)

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Last update: 04-11-2009

 
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