Keywords
Summary

Keywords

1 . CONVENTION OF 27 SEPTEMBER 1968 - SPECIAL POWERS - MATTERS RELATING TO A CONTRACT - OBLIGATION - CONCEPT

( CONVENTION OF 27 SEPTEMBER 1968 , ARTICLE 5 ( 1 ))

2 . CONVENTION OF 27 SEPTEMBER 1968 - SPECIAL POWERS - MATTERS RELATING TO A CONTRACT - EXCLUSIVE CONCESSION - ACTION BROUGHT BY THE GRANTEE AGAINST THE GRANTOR - CONTRACTUAL OBLIGATION - CONCEPT - COMPENSATION BY WAY OF DAMAGES - ACTION FOR PAYMENT - POWERS OF THE NATIONAL COURT

( CONVENTION OF 27 SEPTEMBER 1968 , ARTICLE 5 ( 1 ))

3 . CONVENTION OF 27 SEPTEMBER 1968 - SPECIAL POWERS - GRANTEE OF AN EXCLUSIVE SALES CONCESSION - CONTROL OF BRANCH , AGENCY OR OTHER ESTABLISHMENT - CRITERIA FOR DISTINCTION

( CONVENTION OF 27 SEPTEMBER 1968 , ARTICLE 5 ( 5 ))

Summary

1 . FOR THE PURPOSE OF DETERMINING THE PLACE OF PERFORMANCE WITHIN THE MEANING OF ARTICLE 5 OF THE CONVENTION OF 27 SEPTEMBER 1968 THE OBLIGATION TO BE TAKEN INTO ACCOUNT IS THAT WHICH CORRESPONDS TO THE CONTRACTUAL RIGHT ON WHICH THE PLAINTIFF ' S ACTION IS BASED . IN A CASE WHERE THE PLAINTIFF ASSERTS THE RIGHT TO BE PAID DAMAGES OR SEEKS THE DISSOLUTION OF THE CONTRACT BY REASON OF THE WRONGFUL CONDUCT OF THE OTHER PARTY , THE OBLIGATION REFERRED TO IN ARTICLE 5 ( 1 ) IS STILL THAT WHICH ARISES UNDER THE CONTRACT AND THE NON-PERFORMANCE OF WHICH IS RELIED UPON TO SUPPORT SUCH CLAIMS .

2 . IN DISPUTES IN WHICH THE GRANTEE OF AN EXCLUSIVE SALES CONCESSION CHARGES THE GRANTOR WITH HAVING INFRINGED THE EXCLUSIVE CONCESSION , THE WORD ' OBLIGATION ' CONTAINED IN ARTICLE 5 ( 1 ) OF THE CONVENTION OF 27 SEPTEMBER 1968 ON JURISDICTION AND THE ENFORCEMENT OF JUDGMENTS IN CIVIL AND COMMERCIAL MATTERS REFERS TO THE OBLIGATION FORMING THE BASIS OF THE LEGAL PROCEEDINGS , NAMELY THE CONTRACTUAL OBLIGATION OF THE GRANTOR WHICH CORRESPONDS TO THE CONTRACTUAL RIGHT RELIED UPON BY THE GRANTEE IN SUPPORT OF THE APPLICATION .

IN DISPUTES CONCERNING THE CONSEQUENCES OF THE INFRINGEMENT BY THE GRANTOR OF A CONTRACT CONFERRING AN EXCLUSIVE CONCESSION , SUCH AS THE PAYMENT OF DAMAGES OR THE DISSOLUTION OF THE CONTRACT , THE OBLIGATION TO WHICH REFERENCE MUST BE MADE FOR THE PURPOSES OF APPLYING ARTICLE 5 ( 1 ) OF THE CONVENTION IS THAT WHICH THE CONTRACT IMPOSES ON THE GRANTOR AND THE NON-PERFORMANCE OF WHICH IS RELIED UPON BY THE GRANTEE IN SUPPORT OF THE APPLICATION FOR DAMAGES OR FOR THE DISSOLUTION OF THE CONTRACT .

IN THE CASE OF ACTIONS FOR THE PAYMENT OF COMPENSATION BY WAY OF DAMAGES , IT IS FOR THE NATIONAL COURT TO ASCERTAIN WHETHER , UNDER THE LAW APPLICABLE TO THE CONTRACT , AN INDEPENDENT CONTRACTUAL OBLIGATION OR AN OBLIGATION REPLACING THE UNPERFORMED CONTRAC- TUAL OBLIGATION IS INVOLVED .

3 . WHEN THE GRANTEE OF AN EXCLUSIVE SALES CONCESSION IS NOT SUBJECT EITHER TO THE CONTROL OR TO THE DIRECTION OF THE GRANTOR , HE CANNOT BE REGARDED AS BEING AT THE HEAD OF A BRANCH , AGENCY OR OTHER ESTABLISHMENT OF THE GRANTOR WITHIN THE MEANING OF ARTICLE 5 ( 5 ) OF THE CONVENTION OF 27 SEPTEMBER 1968 .