Article 43(1) does not preclude a procedure for granting leave for further consideration of an appeal where the court of appeal decides on leave on the basis of the first-instance judgment, the appeal, any observations of the respondent and, if necessary, other information in the file. That is so where leave must be granted, in particular, if there are doubts as to the correctness of the judgment, if that correctness cannot be assessed without granting leave, or if there is another significant reason to grant leave for further consideration of the appeal.

Article 43(3) does not preclude a procedure for examining an appeal against a judgment on an application for a declaration of enforceability that does not require the respondent to be heard in advance, where the decision is in the respondent's favour.

Article 45 precludes a court hearing an appeal under Article 43 or Article 44 from refusing or revoking a declaration of enforceability on any ground other than those set out in Articles 34 and 35, including compliance with the judgment in the Member State of origin.

A creditor of the debtor cannot appeal a decision on an application for a declaration of enforceability if that creditor did not formally appear as a party in the proceedings brought by another creditor of the same debtor.