Article 38 of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction, recognition and enforcement of judgments in civil and commercial matters must be interpreted as not precluding legislation of a Member State, such as that at issue in the main proceedings, which provides for the application of a time limit for the enforcement of a preventive attachment order, from being applied in the case of an order which has been adopted in another Member State and is enforceable in the Member State in which enforcement is sought.

A judgment given by the courts of a Member State concerning land in an area of that State over which its government does not exercise effective control cannot be refused recognition or enforcement under Article 34(1) of Regulation No 44/2001 merely because, in practice, it cannot be enforced where the land is situated. That practical impossibility also does not mean that the judgment is unenforceable for the purposes of Article 38(1).