Article 39

Judgment of the Court; 3 October 1985; P. Capelloni et F. Aquilini v J. C. J. Pelkmans; in Case 119/84

(1) By virtue of Article 39 of the Convention, a party who has applied for and obtained authorization for enforcement may, within the period mentioned in that article, proceed directly with protective measures against the property of the party against whom enforcement is sought and is under no obligation to obtain specific authorization.

(2) A party who has obtained authorization for enforcement may proceed with the protective measures referred to in Article 39 until the expiry of the period prescribed in Article 36 for lodging an appeal and, if such an appeal is lodged, until a decision is given thereon.

(3) A party who has proceeded with the protective measures referred to in Article 39 of the Convention is under no obligation to obtain, in respect ot those measures, any confirmatory judgment required by the national law ot the court in question.