Judgment of the Court; 27 November 1984; Calzaturificio Brennero sas v Wendel GmbH Schuhproduktion International; in Case 258/83

1. The second paragraph of Article 38 of the Convention of 27 September 1968 on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters must be interpreted as meaning that a court with which an appeal has been lodged against a decision authorizing enforcement, given pursuant to the Convention, may make enforcement conditional on the provision of security only when it gives judgment on the appeal;

2. The second paragraph of Article 37 of the Convention of 27 September 1968 must be interpreted as meaning that an appeal in cassation and, in the Federal Republic of Germany, a Rechtsbeschwerde may be lodged only against the judgment given on the appeal.