appeal against the decision authorizing enforcement shall be lodged in accordance with the rules governing procedure in contentious matters:
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 in Belgium, with the „tribunal de premiere instance“ or „rechtbank van eerste aanleg“,
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 in the Federal Republic of Germany, with the „Oberlandesgericht“,
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 in France, with the „cour d'appel“,
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 in Italy, with the „corte d'appello“,
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 in Luxembourg, with the „Cour supérieure de Justice“ sitting as a court of civil appeal,
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 in the Netherlands, with the „arrondissementsrechtbank“.
 The judgment given on the appeal may be contested only by an appeal in cassation or, in the Federal Republic of Germany, by a „Rechtsbeschwerde“.
 Article 38
 The court with which the appeal under the first paragraph of Article 37 is lodged may, on the application of the appellant, stay the proceedings if an ordinary appeal has been lodged against the judgment in the State which that judgment was given or if the time for such an appeal has not yet expired; in the latter case, the court may specify the time within which such an appeal is to be lodged.
 The court may also make enforcement conditional on the provision of such security as it shall determine.
 Article 39
 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 taken against the property of the party against whom enforcement is sought.
 The decision authorizing enforcement shall carry with it the power to proceed to any such protective measures.
 Article 40
 If the application for enforcement is refused, the applicant may appeal:
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 in Belgium, to the „Cour d'appel“ or „hof van beroep“;
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 in the Federal Republic of Germany, to the „Oberlandesgericht“;
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 in France, to the „cour d'appel“;
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 in Italy, to the „corte d'appello“;
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 in Luxembourg, to the „Cour supérieure de Justice“ sitting as a court of civil appeal;
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 in the Netherlands, to the „gerechtshof“.
 The party against whom enforcement is sought shall be summoned to appear before the appellate court. If he fails to appear, the provisions of the second and third paragraphs of Article 20 shall apply even where he is not domiciled in any of the Contracting States.
 Article 41
 A judgment given on a appeal provided for in Article 40 may be contested only by an appeal in cassation or, in the Federal Republic of Germany, by a „Rechtsbeschwerde“.
 Article 42
 Where a foreign judgment has been given in respect of several matters and enforcement cannot be authorized for all of them, the court shall authorize enforcement for one or more of them.
 An applicant may request partial enforcement of a judgment.
 Article 43
 A foreign judgment which orders a periodic payment by way of a penalty shall be enforceable in the State in which enforcement is sought only if the amount of the payment has been finally determined by the courts of the State in which the judgment was given.
