Effective Application of Provisional Measures under the Brussels Ibis Regulation

The article is devoted to the study of the notion of provisional measures under Article 35 of the Brussels Ibis Regulation. The purpose of the study is to analyse the jurisdictional grounds for the application of provisional measures by courts of the Member States of the European Union. The authors argue that the Brussels Ibis Regulation establishes a dual-track jurisdictional system for the application of provisional measures in cases where the court is seised of the merits of the case and when the court is not seised of the merits of the case. The application of both bases for provisional measures is consistent with the principle of lis pendens, and therefore if the court that was the first to hear the first application for interim relief has priority to apply such measures.

The analysis was based on the scientific literature on the peculiarities of the application of provisional measures and case law of the Court of Justice of the European Union. The following methods were used to write the article: analysis, systematic, and legal interpretation.