PERIOD RUNNING FROM THE DATE ON WHICH THE PARTY APPLYING FOR THOSE MEASURES IS IN A POSITION TO PROCEED WITH THEM .
28 IT MUST BE STATED , IN CONFORMITY WITH THE VIEW PUT FORWARD BY THE COMMISSION , THAT THE REPLY TO THAT QUESTION IS TO BE INFERRED FROM THE VERY WORDING OF THE FIRST PARAGRAPH OF ARTICLE 39 . SINCE THE CONVENTION PROVIDES THAT ' DURING THE TIME SPECIFIED FOR AN APPEAL PURSUANT TO ARTICLE 36 AND UNTIL ANY SUCH APPEAL HAS BEEN DETERMINED , NO MEASURES OF ENFORCEMENT MAY BE TAKEN OTHER THAN PROTECTIVE MEASURES ' , THE RIGHT TO PROCEED WITH THE MEASURES IN QUESTION CANNOT BE RESTRICTED IN TIME BY THE APPLICATION OF NATIONAL MEASURES PRESCRIBING A SHORTER PERIOD .
29 CONSEQUENTLY , SUCH PROVISIONS ARE NOT APPLICABLE TO THE CASES GOVERNED BY ARTICLE 39 .
30 IT MUST THEREFORE BE STATED IN REPLY TO THE THIRD QUESTION SUBMITTED BY THE NATIONAL COURT THAT A PARTY WHO HAS OBTAINED AUTHORIZATION FOR ENFORCEMENT MAY PROCEED WITH THE PROTECTIVE MEASURES REFERRED TO IN ARTICLE 39 UNTIL THE EXPIRY OF THE PERIOD FOR LODGING AN APPEAL PRESCRIBED IN ARTICLE 36 AND , IF SUCH AN APPEAL IS LODGED , UNTIL A DECISION IS GIVEN THEREON .
THE NEED FOR A JUDGMENT CONFIRMING THE PROTECTIVE MEASURES
31 IN THE SECOND PART OF ITS FIRST QUESTION THE NATIONAL COURT ASKS WHETHER A PARTY WHO HAS PROCEEDED WITH PROTECTIVE MEASURES UNDER ARTICLE 39 MUST OBTAIN IN RESPECT OF SUCH MEASURES ANY CONFIRMATORY JUDGMENT REQUIRED BY ITS NATIONAL PROCEDURAL LAW .
32 THE COMMISSION CONSIDERS THAT NEITHER THE WORDING NOR THE PURPOSE OF THE ARTICLE IN QUESTION PREVENTS THE REQUIREMENT OF SUCH A CONFIRMATORY JUDGMENT FROM EXTENDING TO PROTECTIVE MEASURES ADOPTED UNDER ARTICLE 39 . ACCORDING TO THE COMMISSION , PROVIDED THAT SUCH MEASURES ARE ALLOWED AUTOMATICALLY AND WITHOUT PRIOR EXAMINATION BY THE JUDICIAL AUTHORITY , A PROCEDURE FOR EXAMINATION OF THE MEASURES EX POST FACTO , SUCH AS THE CONFIRMATORY PROCEDURE REQUIRED BY ITALIAN LAW , CONSTITUTES THE ONLY WAY OF AVERTING THE RISK THAT IRRELEVANT OR VEXATIOUS PROTECTIVE MEASURES MIGHT BE ADOPTED .
33 IT MUST BE NOTED IN THAT CONNECTION THAT THE CONFIRMATORY PROCEDURES LAID DOWN BY THE LAW IN SEVERAL CONTRACTING STATES ARE INTENDED TO ENSURE EX POST FACTO THAT THE DECISION AUTHORIZING THE PROTECTIVE MEASURES IS SUBJECT TO EXAMINATION IN ORDER TO ESTABLISH WHETHER IT WAS WELL FOUNDED , IN VIEW OF THE FACT THAT THE PROCEDURE PRECEDING THE ADOPTION OF SUCH DECISIONS IS NORMALLY SUMMARY IN CHARACTER .
34 AN EXAMINATION OF THAT KIND IS UNJUSTIFIED AND EVEN SUPERFLUOUS IN THE CASE OF PROTECTIVE MEASURES ADOPTED UNDER ARTICLE 39 . THOSE MEASURES ARE GRANTED NOT ON THE BASIS OF A SUMMARY PROCEDURE FOR AUTHORIZATION BUT RATHER ON THE BASIS OF THE LEGAL EFFECT WITH WHICH A DECISION ADOPTED IN ANOTHER CONTRACTING STATE IS ENDOWED BY THE CONVENTION .
35 IT IS TO BE NOTED IN THAT CONNECTION THAT THE ONLY MEANS OF CHALLENGING THE DECISION AUTHORIZING