UNDERTAKING TO PROTECT GAS MAINS BELONGING TO IT FROM ANY DAMAGE WHICH MIGHT BE CAUSED BY DEMOLITION WORK WHICH THE FRENCH UNDERTAKING WAS CARRYING OUT IN THE VICINITY ON BEHALF OF THE SAARLAND .
THE FIRST QUESTION
3THE FIRST QUESTION ASKS
' ' ARE THE CONDITIONS REGARDING JURISDICTION IN THE CASE OF ' THE OPERATIONS OF A BRANCH , AGENCY OR OTHER ESTABLISHMENT ' MENTIONED IN ARTICLE 5 ( 5 ) OF THE SAID CONVENTION TO BE DETERMINED .
( A ) UNDER THE LAW OF THE STATE BEFORE THE COURTS OF WHICH THE PROCEEDINGS HAVE BEEN BROUGHT ; OR
( B ) UNDER THE LAW OF THE STATES CONCERNED ( QUALIFICATION ACCORDING TO THE LAW TO BE APPLIED IN THE MAIN ACTION ); OR
( C ) INDEPENDENTLY , I.E . IN ACCORDANCE WITH THE OBJECTIVES AND SYSTEM OF THE SAID CONVENTION AND ALSO WITH THE GENERAL PRINCIPLES OF LAW WHICH STEM FROM THE CORPUS OF THE NATIONAL LEGAL SYSTEM ( JUDGMENT OF 14 OCTOBER 1976 IN CASE 29/76 LTU LUFTTRANSPORTUNTERNEHMEN GMBH & CO . KG V EUROCONTROL ( 1976 ) ECR 1541)?
' '
4THE CONVENTION , CONCLUDED PURSUANT TO ARTICLE 220 OF THE EEC TREATY , IS INTENDED ACCORDING TO THE EXPRESS TERMS OF ITS PREAMBLE TO IMPLEMENT THE PROVISIONS OF THAT ARTICLE ON THE SIMPLIFICATION OF FORMALITIES GOVERNING THE RECIPROCAL RECOGNITION AND ENFORCEMENT OF JUDGMENTS OF COURTS OR TRIBUNALS AND TO STRENGTHEN IN THE COMMUNITY THE LEGAL PROTECTION OF PERSONS THEREIN ESTABLISHED . IN ORDER TO ELIMINATE OBSTACLES TO LEGAL RELATIONS AND TO SETTLE DISPUTES WITHIN THE SPHERE OF INTRA-COMMUNITY RELATIONS IN CIVIL AND COMMERCIAL MATTERS THE CONVENTION CONTAINS , INTER ALIA , RULES ENABLING THE JURISDICTION IN THESE MATTERS OF THE COURTS OF CONTRACTING STATES TO BE DETERMINED AND FACILITATING THE RECOGNITION AND EXECUTION OF COURTS ' JUDGMENTS . ACCORDINGLY THE CONVENTION MUST BE INTERPRETED HAVING REGARD BOTH TO ITS PRINCIPLES AND OBJECTIVES AND TO ITS RELATIONSHIP WITHIN THE TREATY .
5THE CONVENTION FREQUENTLY USES WORDS AND LEGAL CONCEPTS DRAWN FROM CIVIL , COMMERCIAL AND PROCEDURAL LAW AND CAPABLE OF A DIFFERENT MEANING FROM ONE CONTRACTING STATE TO ANOTHER . THE QUESTION THEREFORE ARISES WHETHER THESE WORDS AND CONCEPTS MUST BE REGARDED AS HAVING THEIR OWN INDEPENDENT MEANING AND AS BEING THUS COMMON TO ALL THE CONTRACTING STATES OR AS REFERRING TO SUBSTANTIVE RULES OF THE LAW APPLICABLE IN EACH CASE UNDER THE RULES OF CONFLICT OF LAWS OF THE COURT BEFORE WHICH THE MATTER IS FIRST BROUGHT . THE ANSWER TO THIS QUESTION MUST ENSURE THAT THE CONVENTION IS FULLY EFFECTIVE IN ACHIEVING THE OBJECTIVES WHICH IT PURSUES .
6THE MEANING OF THE WORDS ' ' DISPUTE ARISING OUT OF THE OPERATIONS OF A BRANCH , AGENCY OR OTHER ESTABLISHMENT ' ' , WHICH ARE THE BASIS OF THE JURISDICTION GIVE BY ARTICLE 5 ( 5 ), ARE DIFFERENT FROM ONE CONTRACTING STATE TO ANOTHER , NOT ONLY IN THE RESPECTIVE LAWS BUT ALSO IN THE APPLICATION GIVEN TO BILATERAL CONVENTIONS ON THE RECOGNITION