CELEX: 62017CA0379
Language: en
Date: 2018-10-04 00:00:00
Title: Case C-379/17: Judgment of the Court (Second Chamber) of 4 October 2018 (request for a preliminary ruling from the Bundesgerichtshof — Germany) — Proceedings brought by Società Immobiliare Al Bosco Srl (Reference for a preliminary ruling — Judicial co-operation in civil matters — Regulation (EC) No 44/2001 — Recognition and enforcement of decisions in civil and commercial matters — Time limit laid down in the law of the Member State addressed for enforcing a preventive attachment order — Applicability of that time limit to a preventive attachment instrument obtained in another Member State and declared enforceable in the Member State in which enforcement is sought)

3.12.2018   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 436/12
            
         
      Judgment of the Court (Second Chamber) of 4 October 2018 (request for a preliminary ruling from the Bundesgerichtshof — Germany) — Proceedings brought by Società Immobiliare Al Bosco Srl
      (Case C-379/17) (1)
      
      ((Reference for a preliminary ruling - Judicial co-operation in civil matters - Regulation (EC) No 44/2001 - Recognition and enforcement of decisions in civil and commercial matters - Time limit laid down in the law of the Member State addressed for enforcing a preventive attachment order - Applicability of that time limit to a preventive attachment instrument obtained in another Member State and declared enforceable in the Member State in which enforcement is sought))
      (2018/C 436/13)
      Language of the case: German
      
         Referring court
      
      Bundesgerichtshof
      
         Parties to the main proceedings
      
      Società Immobiliare Al Bosco Srl
      
         Operative part of the judgment
      
      Article 38 of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction, recognition and enforcement of judgments in civil and commercial matters must be interpreted as not precluding legislation of a Member State, such as that at issue in the main proceedings, which provides for the application of a time limit for the enforcement of a preventive attachment order, from being applied in the case of an order which has been adopted in another Member State and is enforceable in the Member State in which enforcement is sought.
      
         (1)  OJ C 318, 25.9.2017.