49Some argue that the scope of Article 2(4) of Regulation No 2201/2003 extends to provisional measures adopted by a court which has jurisdiction in substantive proceedings, provided that the rights of the defence are safeguarded, at least a posteriori. That principle is consistent with the Court’s case-law to the effect that a hearing a posteriori is sufficient to ensure that proceedings are fair (Case 166/80 Klomps [1981] ECR 1593). Others argue that the applicability of Regulation No 2201/2003 to provisional measures should be limited to those which have been taken in adversary proceedings, where the rights of the defence are respected.
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