Interim Measures In Italy

1. APPLICABLE LAW

1.1.1 Interim measures are mainly governed by the Italian Civil Procedure Code (CPC) and the Italian Civil Code (CC). In order to determine whether provisions other than the CPC are (also) applicable to an interim measure (for instance, the Council Regulation (EU) No 1215/2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters¹) the applicant has to check the following two issues:

1. whether the claim or the interim measure have an international nexus; and
2. whether there are special provisions for the particular type of claim.

1.1.2 For international cases, the provisions of Italian Law No 218/1995 on Private International Law (PIL), international treaties and European law supersede the CPC. These provisions relate foremost to jurisdiction and enforcement.