Italian Leather (Judgments Convention/Enforcement of judgments)

(Brussels Convention - Article 27(3) - Irreconcilability - Enforcement procedures in the State where enforcement is sought)

REFERENCE to the Court, under the Protocol of 3 June 1971 on the interpretation by the Court of Justice of the Convention of 27 September 1968 on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters, by the Bundesgerichtshof (Germany) for a preliminary ruling in the proceedings pending before that court between Italian Leather SpA

composed of: P. Jann, President of the Chamber, D.A.O. Edward, A. La Pergola, M. Wathelet (Rapporteur) and C.W.A. Timmermans, Judges, Advocate General: P. L�ger, Registrar: H.A. R�hl, Principal Administrator,

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

'For the purposes of this Convention, judgment means any judgment given by a court or tribunal of a Contracting State, whatever the judgment may be called, including a decree, order, decision or writ of execution, as well as the determination of costs or expenses by an officer of the court.'