S.L. 460.8 Art. 11Request for precautionary measures. Cap. 12.

(1) A request by an applicant authority to a requested authority for the issue of precautionary measures shall be made in the standard form provided under the Fourth Schedule.

(2) The request for the issue of precautionary measures shall be accompanied by the document drawn up for permitting precautionary measures in the applicant Member State. Supporting AND OTHER MEASURES)

documents to the claim may also be attached to the request.

(3) The requested authority shall, upon receipt of a request for recovery of a claim under subarticle (1), treat the claim as a debt arising in Malta, and shall secure the rights of that Member State with respect to that claim by means of one or more of the precautionary acts listed in article 830 of the Code of Organization and Civil Procedure, and the relevant provisions of that Code shall apply.

(4) The requested authority shall accede to the request by the applicant authority under subarticle (1) where:

(a) a claim or the instrument permitting the enforcement in the applicant Member State is contested at the time when the request is made; or

(b) the claim is not yet the subject of an instrument permitting enforcement in the applicant Member State, however precautionary measures are possible, in similar situations, under the law of the applicant Member State.

(5) The provisions of article 9(3), (10)(a)(i) and (12), article 10 and article 12 shall, mutatis mutandis, apply to this request.