Brussels I bis

Article 35

Untitled

Application may be made to the courts of a Member State for such provisional, including protective, measures as may be available under the law of that Member State, even if the courts of another Member State have jurisdiction as to the substance of the matter.

Holdings

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C-581/206 Oct 2021

Skarb Państwa Rzeczypospolitej Polskiej reprezentowany przez Generalnego Dyrektora Dróg Krajowych i Autostrad v TOTO SpA - Costruzioni Generali and Vianini Lavori SpA

Under Article 35 of Regulation No 1215/2012, a Member State court seised of an application for provisional, including protective, measures is not required to decline jurisdiction even if a court of another Member State with jurisdiction as to the substance has already ruled on an application involving the same cause of action and between the same parties.

C-581/206 Oct 2021

Skarb Państwa Rzeczypospolitej Polskiej reprezentowany przez Generalnego Dyrektora Dróg Krajowych i Autostrad v TOTO SpA - Costruzioni Generali and Vianini Lavori SpA

Under Article 35 of Regulation No 1215/2012, an application for provisional, including protective, measures must be examined under the law of the Member State of the court seised. Article 35 does not preclude national legislation that does not grant interim measures in respect of an action for a monetary claim against the State or a public authority.