Keywords
Summary

Keywords

1 . CONVENTION ON JURISDICTION AND THE ENFORCEMENT OF JUDGMENTS - SPECIAL JURISDICTION - JURISDICTION IN MATTERS RELATING TO A CONTRACT - INDEPENDENT CONCEPT

( CONVENTION OF 27 SEPTEMBER 1968 , ART . 5 ( 1 ))

2 . CONVENTION ON JURISDICTION AND THE ENFORCEMENT OF JUDGMENTS - SPECIAL JURISDICTION - JURISDICTION IN MATTERS RELATING TO A CONTRACT - CONCEPT OF MATTERS RELATING TO A CONTRACT - OBLIGATIONS TO PAY MONEY HAVING THEIR BASIS IN THE RELATIONSHIP BETWEEN AN ASSOCIATION AND ITS MEMBERS BY VIRTUE OF MEMBERSHIP - INCLUSION

( CONVENTION OF 27 SEPTEMBER 1968 , ART . 5 ( 1 ))

Summary

1 . THE CONCEPT OF MATTERS RELATING TO A CONTRACT IN ARTICLE 5 ( 1 ) OF THE CONVENTION OF 27 SEPTEMBER 1968 ON JURISDICTION AND THE ENFORCEMENT OF JUDGMENTS IN CIVIL AND COMMERCIAL MATTERS SHOULD NOT BE INTERPRETED SIMPLY AS REFERRING TO THE NATIONAL LAW OF ONE OR OTHER OF THE MEMBER STATES CONCERNED , BUT SHOULD BE REGARDED AS AN INDEPENDENT CONCEPT WHICH , FOR THE PURPOSES OF THE APPLICATION OF THE CONVENTION , MUST BE INTERPRETED BY REFERENCE CHIEFLY TO THE SYSTEM AND OBJECTIVES OF THE CONVENTION , IN ORDER TO ENSURE THAT IT IS FULLY EFFECTIVE .

2 . OBLIGATIONS IN REGARD TO THE PAYMENT OF A SUM OF MONEY WHICH HAVE THEIR BASIS IN THE RELATIONSHIP EXISTING BETWEEN AN ASSOCIATION AND ITS MEMBERS BY VIRTUE OF MEMBERSHIP ARE ' ' MATTERS RELATING TO A CONTRACT ' ' WITHIN THE MEANING OF ARTICLE 5 ( 1 ) OF THE CONVENTION , WHETHER THE OBLIGATIONS IN QUESTION ARISE SIMPLY FROM THE ACT OF BECOMING A MEMBER OR FROM THAT ACT IN CONJUNCTION WITH ONE OR MORE DECISIONS MADE BY ORGANS OF THE ASSOCIATION .