Enforcement of a foreign provisional measure under the Lugano Convention

Facts

The decision concerns a request for enforcement of an Italian conservatory measure, called « Sequestro conservativo », issued by the Tribunale Ordinario of Lodi in Italy on 25 April 2007. Bank X. S.p.A. requested recognition and enforcement of this measure in Switzerland, under the Lugano Convention. The measure aimed to secure the bank's claims against Y. resulting from economic crimes.

The request was rejected by the cantonal court, which considered that the measure was no longer enforceable in Italy, as it had not been executed within 30 days of its notification. The bank appealed this decision to the Federal Court.

Considerations

1. Admissibility of the appeal

The Federal Court considered that the appeal was admissible, as it was a final decision issued by a cantonal authority in a civil matter, and the bank had a legitimate interest in the recognition of the conservatory measure.

2. Enforcement of the conservatory measure

The Federal Court examined whether the conservatory measure was enforceable in Italy, in accordance with Article 31 of the Lugano Convention. It considered that the conservatory measure was a decision within the meaning of Article 25 of the Convention, which could be enforced in Switzerland.

3. Right to be heard

The Federal Court…