The Gazette 1985

G A Z E T TE

SEPTEMBER1985

any court other than the first seized may stay the pro- ceedings. Actions arc deemed to be related where they are so closely connected that it is expedient to hear and determine them together to avoid the risk of irreconcil- able judgements resulting from separate proceedings. Article 24 is important in that it allows applications to be made to the courts of a Contracting State for such provisional, including protective, measures as may be available under the law of that State even if under the Convention the courts of another Contracting State have jurisdiction as to the substance of the matter. An Irish court will therefore have jurisdiction to grant inter- locutory relief notwithstanding that it will not have jurisdiction over the substantive dispute. A number of other general points ought to be made in relation to the interpretation and application of the jurisdictional rules of the Convention, but these will be kept over for Part II of this article which will deal with the second part of the Convention relating to the recog- nition and enforcement of foreign judgements and with the 1971 Protocol on the interpretation of the Conven- tion by the Court of Justice. Fool notes (1) Belgium is ihe one remaining siale, of the original six Contracting Stales, not to ratify the 1978 Convention. However, it is expected that they will do so in the first part of 1986. (2) See the report on the 1978 Convention by Prof. Peter Sehlosser, Chairman of the committee of diallers of the 1978 Convention; Official Journal C59 1979. (J) Euroeonlrol ease — Case 29 76. 1976 PCR 1541. (4) See also C ase 814/79 Netherlands State -v- Ridler, 1980 I CR .1807. (5) Case 25 79, 1979 I C R 1421. (6) de Cavel -v- de Cavel, Case 141 78, 1979 I C R 1055. (7) Case 120 79, 1980 I C R 711. (8) Another ease on the question of matrimonial property was CHW-v- GJH, Case 25/81, 1982 I C R 1189. (9) Gonrdain -v- Nadler. Case 11.1/78, 1979 I C R 711. (10) See the Sehlosser report at Page 96. (11) Case 14 76. 1976 I C R 1497. (12) Indttslrie Tessili Italiana Como -v- Hun/op, Case 12 76, 1976 PCR 1471. ( I I ) Zelger-v- Salimtri, Case 56 79, 1980 PCR 89. (14) EJfer-v- Kantner. 1982 I C R 825. (15) In relation to Article 5( 1) note also ease 11181 Ivenel-v- Sehwah 15>82j PC R 1891 and also ease 14 82 Peters -v- /aid N'ederlandse Aannetners Zereniging. (16) Handelsk wekerij G. ./. Bier -v- Mines de Pot as se d'Alsaee S'.,l. 1976 PCR 1715. (17) The de Bloos ease referred to above and ease 11 78 Soma far Saar-ferngas. 1978 I C R 2181. (18) Blanekaert <& Hillems -v- Trost , Case 119/80, 1981 PCR 819. (19) See the Sehlosser report referred to above at page 108. (20) See the report of Mr. P. .Icnard, Chairman of the Committee of drafters of the 1968 Convention; Official Journal 1979 C59 at p.15. (21) See the report of Mr. P. .lenard at page 15. (22) C ase 241/8.1 decided on 15/01 85. (21) Case 71/77, 1977 PCR 2181. (24) Duijnstee -v- Goderhaur. Case 288/82 which dealt with Article (25) It was considered that the Court of Justice had taken an unduly restrictive approach in the interpretation of Article 17 in two earlier eases — see the Schlosscr report at page 124. The eases concerned were eases 24 76 and 25 76 1976 PCR 1811 and 1851. However, in the more recent ease of Partcnrccdcrci M. S. "Till v Rttss", Case 71/81 decided on 19 June 1984, the Court of Justice seems to have taken a less restrictive interpretation (26) Case 21/78 1978 PCR 2111. (27) Case 48/84 is at present pending before the Court of Justice and deals with a claim for a set off which is not based on the same contract. (28) Elefanten Sehuh -v- Jaeqmain, 1981 PCR 1671. (29) This decision was upheld in two subsequent judgements — ease 25/81. CHQ-v- GJH. 1982 PCR 1189 and ease 27/81 Rohr -v- Ossherger, 1981 PC R 2411.

(10) See Case 288 82 at (22) ahov e. (11) See Z.elger -v- Sa/initn, Case 129 81.

Part 2 of this article w ill appear in the Jan. I eh. 1986 Cia/ctte.

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