Opinion of the Advocate General — ECLI:EU:C:2004:509
Date: 2004-09-09
Language of the case: Dutch
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Brussels Convention of 27 September 1968;Brussels Convention of 27 September 1968 - Jurisdiction
Procedure: Reference for a preliminary ruling
Origin: Netherlands

Summary of the Judgment Convention on Jurisdiction and the Enforcement of Judgments – Jurisdiction to order provisional, including protective, measures – Definition of provisional, including protective, measures – Hearing of witnesses to enable the applicant to decide whether to bring proceedings – Excluded (Brussels Convention of 27 September 1968, Art. 24) Article 24 to the Convention of 27 September 1968 on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters, as amended by the Convention of 9 October 1978 on the Accession of the Kingdom of Denmark, of Ireland and of the United Kingdom of Great Britain and Northern Ireland, by the Convention of 25 October 1982 on the Accession of the Hellenic Republic, by the Convention of 26 May 1989 on the Accession of the Kingdom of Spain and the Portuguese Republic and by the Convention of 29 November 1996 on the Accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden, must be interpreted as meaning that a measure ordering the hearing of a witness for the purpose of enabling the applicant to decide whether to bring a case, determine whether it would be well founded and assess the relevance of evidence which might be adduced in that regard is not covered by the notion of ‘provisional, including protective, measures’. In the absence of any justification other than that interest of the applicant, the grant of such a measure does not pursue the aim of the jurisdiction laid down by way of derogation by Article 24 of the Convention, which is to avoid causing loss to the parties as a result of the long delays inherent in any international proceedings and to preserve a factual or legal situation so as to safeguard rights the recognition of which is otherwise sought from the court having jurisdiction as to the substance of the case. (see paras 12-13, 17, 25, operative part)