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Document 61987CJ0009

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Summary

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CONVENTION ON JURISDICTION AND THE ENFORCEMENT OF JUDGMENTS - SPECIAL JURISDICTION - JURISDICTION "IN MATTERS RELATING TO A CONTRACT" - CONCEPT - INDEPENDENT INTERPRETATION - INDEPENDENT COMMERCIAL AGENCY AGREEMENT - CLAIMS FOR THE PAYMENT OF COMMISSION AND COMPENSATION FOR WRONGFUL REPUDIATION OF A CONTRACT - INCLUSION

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

Summary

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 IS TO BE REGARDED AS AN INDEPENDENT CONCEPT WHICH, FOR THE PURPOSE OF THE APPLICATION OF THE CONVENTION, MUST BE INTERPRETED BY REFERENCE PRINCIPALLY TO THE SYSTEM AND OBJECTIVES OF THE CONVENTION IN ORDER TO ENSURE THAT IT IS FULLY EFFECTIVE .

PROCEEDINGS RELATING TO THE WRONGFUL REPUDIATION OF AN INDEPENDENT COMMERCIAL AGENCY AGREEMENT AND THE PAYMENT OF COMMISSION DUE UNDER SUCH AN AGREEMENT ARE PROCEEDINGS IN MATTERS RELATING TO A CONTRACT WITHIN THE MEANING OF ARTICLE 5 ( 1 ) OF THE CONVENTION .

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