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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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337