JURE SUMMARY

A company importing and selling cars obtained from the court of Athens (GR), a provisional measure whereby an Italian company was ordered to pursue the sell of its products, under a contract concluded between them. The Italian company requested from the Tribunale of Venice (IT), designated as competent on the basis an exclusive choice of forum agreement contained in the contract mentioned, the annulment of the provisional measure. The importer company responded that the court seised can under no circumstances review the substance of the provisional measure according to Article 36 Brussels I Regulation. The Tribunale of Venice (IT) declares itself competent for the decision concerning the claim for annulment. An annulment is clearly different from the review as to the substance pursuant to Article 36 Brussels I Regulation. This provision concerns the review of final foreign judgments and not of provisional measures. The latters are transitional rules which according to the court shall not convert to decisions which cannot be changed during all the length of the proceedings in particular if a change of circumstances, which was crucial for their pronouncement, occurs. The court affirms its jurisdiction for the claim for annulment and annuls the provisional measure of the Greek court, since according to it the requirements necessary are met.