COURT REGISTRY ON THE FOLLOWING 18 MARCH , THE OBERLANDESGERICHT DUSSELDORF REFERRED TO THE COURT OF JUSTICE PURSUANT TO THE PROTOCOL OF 3 JUNE 1971 ON THE INTERPRETATION OF THE CONVENTION OF 27 SEPTEMBER 1968 ON JURISDICTION AND THE ENFORCEMENT OF JUDGMENTS IN CIVIL AND COMMERCIAL MATTERS ( HEREINAFTER REFERRED TO AS ' THE CONVENTION ' ) THE QUESTION WHETHER , FOR THE PURPOSES OF INTERPRETING THE CONCEPT ' CIVIL AND COMMERCIAL MATTERS ' WITHIN THE MEANING OF THE FIRST PARAGRAPH OF ARTICLE 1 OF THE CONVENTION , THE LAW TO BE APPLIED IS THE LAW OF THE STATE IN WHICH JUDGMENT WAS GIVEN OR THE LAW OF THE STATE IN WHICH PROCEEDINGS FOR AN ORDER FOR ENFORCEMENT WERE ISSUED .
2 THE FILE SHOWS THAT THE QUESTION AROSE WITHIN THE CONTEXT OF PROCEEDINGS UNDER TITLE III , SECTION 2 , OF THE CONVENTION IN WHICH EUROCONTROL ASKED THE COMPETENT GERMAN COURTS TO AUTHORIZE THE ENFORCEMENT OF AN ORDER BY THE BELGIAN COURTS THAT LTU PAY TO IT CERTAIN SUMS BY WAY OF CHARGES IMPOSED BY EUROCONTROL FOR THE USE OF ITS EQUIPMENT AND SERVICES .
3 UNDER ARTICLE 1 , THE CONVENTION ' SHALL APPLY IN CIVIL AND COMMERCIAL MATTERS WHATEVER THE NATURE OF THE COURT OR TRIBUNAL ' . THE SECOND PARAGRAPH OF ARTICLE 1 STATES THAT IT SHALL NOT APPLY TO ' ( 1 ) THE STATUS OR LEGAL CAPACITY OF NATURAL PERSONS , RIGHTS IN PROPERTY ARISING OUT OF A MATRIMONIAL RELATIONSHIP , WILLS AND SUCCESSION ; ( 2 ) BANKRUPTCY , PROCEEDINGS RELATING TO THE WINDING-UP OF INSOLVENT COMPANIES OR OTHER LEGAL PERSONS , JUDICIAL ARRANGEMENTS , COMPOSITIONS AND ANALOGOUS PROCEEDINGS ; ( 3 ) SOCIAL SECURITY ; ( 4 ) ARBITRATION ' .
APART FROM PROVIDING THAT THE CONVENTION SHALL APPLY WHATEVER THE NATURE OF THE COURT OR TRIBUNAL TO WHICH THE MATTER IS REFERRED AND EXCLUDING CERTAIN MATTERS FROM ITS AREA OF APPLICATION , ARTICLE 1 GIVES NO FURTHER DETAILS AS TO THE MEANING OF THE CONCEPT IN QUESTION .
AS ARTICLE 1 SERVES TO INDICATE THE AREA OF APPLICATION OF THE CONVENTION IT IS NECESSARY , IN ORDER TO ENSURE , AS FAR AS POSSIBLE , THAT THE RIGHTS AND OBLIGATIONS WHICH DERIVE FROM IT FOR THE CONTRACTING STATES AND THE PERSONS TO WHOM IT APPLIES ARE EQUAL AND UNIFORM , THAT THE TERMS OF THAT PROVISION SHOULD NOT BE INTERPRETED AS A MERE REFERENCE TO THE INTERNAL LAW OF ONE OR OTHER OF THE STATES CONCERNED .
BY PROVIDING THAT THE CONVENTION SHALL APPLY ' WHATEVER THE NATURE OF THE COURT OR TRIBUNAL ' ARTICLE 1 SHOWS THAT THE CONCEPT ' CIVIL AND COMMERCIAL MATTERS ' CANNOT BE INTERPRETED SOLELY IN THE LIGHT OF THE DIVISION OF JURISDICTION BETWEEN THE VARIOUS TYPES OF COURTS EXISTING IN CERTAIN STATES .
THE CONCEPT IN QUESTION MUST THEREFORE BE REGARDED AS INDEPENDENT AND MUST BE INTERPRETED BY REFERENCE , FIRST , TO THE OBJECTIVES AND SCHEME OF THE CONVENTION AND , SECONDLY , TO