Case number and/or case name
ITS20120223 Court of Appeal of L’Aquila (BI)
Details of the court
Italy, Second Instance
Articles referred to by the court
Date of the judgement
22 February 2012
CJEU's case law cited by the court
Summary
Pursuant to Article 47(3) of Regulation (EC) No 44/2001, during the time for lodging an appeal against the decree declaring the enforceability of a judgment issued in another Member State, a preservation order (sequestro conservativo) shall not be granted automatically, but only if the applicable requirements laid down by national law are satisfied. The appeal against said order – which has been brought pursuant to Article 669-terdecies of the Code of Civil Procedure pending the time for lodging an appeal against the decree declaring the enforceability of an English judgment issued in the first stage of the proceedings for declaration of enforceability – is admissible and shall be granted if said order has been issued notwithstanding lack of evidence of the existence of a danger in delay (periculum in mora), lack of any reasoning as to the need to proceed without hearing the other party and of any provision relating to the subsequent review of the order in presence of said other party pursuant to Article 669-sexies(2) of the Code of Civil Procedure.