Harmonisation of Provisional and Protective Measures in Europe

Abstract

This contribution deals with the harmonization of provisional and protective measures in the European Union at the background of the Storme Report of 1993. Attention is paid to function and aim of provisional and protective measures, the recent and ongoing reform of procedural laws in several Member States, harmonization of procedural law, harmonization initiatives concerning provisional and protective measures (amongst others ILA and UNIDROIT), the case law of the ECJ laying down certain criteria for provisional and protective measures, and the proposals of the Storme Report are being reviewed for further deliberation and use for future harmonization.

Keywords: Harmonization, Provisional and Protective Measures, procedural law

JEL Classification: K19, K40