SECTION 10
Provisional, including protective, measures
Article 35
Application may be made to the courts of a Member State for such provisional, including protective, measures as may be available under the law of that Member State, even if the courts of another Member State have jurisdiction as to the substance of the matter.
CHAPTER III
RECOGNITION AND ENFORCEMENT
SECTION 1
Recognition
Article 36
1. A judgment given in a Member State shall be recognised in the other Member States without any special procedure being required.
2. Any interested party may, in accordance with the procedure provided for in Subsection 2 of Section 3, apply for a decision that there are no grounds for refusal of recognition as referred to in Article 45.
3. If the outcome of proceedings in a court of a Member State depends on the determination of an incidental question of refusal of recognition, that court shall have jurisdiction over that question.
Article 37
1. A party who wishes to invoke in a Member State a judgment given in another Member State shall produce:
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(a) |
a copy of the judgment which satisfies the conditions necessary to establish its authenticity; and |
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(b) |
the certificate issued pursuant to Article 53. |
2. The court or authority before which a judgment given in another Member State is invoked may, where necessary, require the party invoking it to provide, in accordance with Article 57, a translation or a transliteration of the contents of the certificate referred to in point (b) of paragraph 1. The court or authority may require the party to provide a translation of the judgment instead of a translation of the contents of the certificate if it is unable to proceed without such a translation.
Article 38
The court or authority before which a judgment given in another Member State is invoked may suspend the proceedings, in whole or in part, if:
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(a) |
the judgment is challenged in the Member State of origin; or |
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(b) |
an application has been submitted for a decision that there are no grounds for refusal of recognition as referred to in Article 45 or for a decision that the recognition is to be refused on the basis of one of those grounds. |