The Subtle Interpretation of the Case Law of the European Court on Provisional Remedies

SOMMARIO: I. Anticipatory provisional measures. - 1. Is the forum executionis becoming obsolete? A critical appraisal. - 2. The first requirement according to Van Uden: conflicting languages and interpretative differences. - 3. The determination of the property which is the object of the requested measure: nonexistenxe of an autonomous notion of "EC provisional measure". - 4. Determination of the court having jurisdiction as regards provisional measures in personam (so called worldwide Mareva injunctions). - 5. The notion of "provisional measure" and the determination of the requested property. - 6. The second requirement according to Van Uden: the guarantee of repayment to the defendant of the sum awarded and the doctrinal dispute about the "instrumental" nature of provisional measures. - 7. Concluding remarks. - II. Recent developments on provisional measures other than autonomous anticipatory measures. - 1. The concept of "provisional and protective measures". a) The concept of "provisional and protective measures": a French interpretation. - 2. Recognition and enforcement of provisional measures. a) The Italian Leather case. - b) Recognition and enforcement of provisional measures in European national courts: an Italian case. - 3. Measures on preliminary taking of evidence. a) The St. Paul Dairy Industries NV v. Unibel exser BVBA case. - b) Measures on preliminary taking of evidence in European national courts: an Italian case.