OpenLegislation

Article 53 Provisional, including protective, measures

United Kingdom

Original text. Later amendments are not shown.

X11.

When a decision must be recognised in accordance with this Chapter, nothing shall prevent the applicant from availing himself of provisional, including protective, measures in accordance with the law of the Member State of enforcement without a declaration of enforceability under Article 47 being required.

2.

The declaration of enforceability shall carry with it by operation of law the power to proceed to any protective measures.

3.

During the time specified for an appeal pursuant to Article 49(5) against the declaration of enforceability and until any such appeal has been determined, no measures of enforcement may be taken other than protective measures against the property of the party against whom enforcement is sought.

Annotations

Editorial notes

X1

Substituted by Corrigendum to Council Regulation (EU) 2016/1103 of 24 June 2016 implementing enhanced cooperation in the area of jurisdiction, applicable law and the recognition and nforcement of decisions in matters of matrimonial property regimes (Official Journal of the European Union L 183 of 8 July 2016).