Art. 327a Enforcement declaration under the Lugano Convention 166
1 If the objection is against a decision of the enforcement court under Articles 38 to 52 of the Lugano Convention of 30 October 2007167 on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters, the appellate court shall freely examine the grounds for refusal provided in the Convention. 2 The objection has suspensive effect. Protective measures, in particular attachments under Article 271 paragraph 1 number 6 DEBA168, are reserved. 3 The deadline for filing the objection against the enforcement declaration is governed by Article 43 paragraph 5 of the Convention. 166 Inserted by Art. 3 No 1 of the FD of 11 Dec. 2009 (Approval and Implementation of the Lugano Convention), in force since 1 Jan. 2011 (AS 2010 5601; BBl 2009 1777). |