CONTRACT" WITHIN THE MEANING OF ARTICLE 5 ( 1 ) OF THE CONVENTION ACCORDING TO THE INDEPENDENT INTERPRETATION OF THAT CONCEPT .
7 THE COUR D' APPEL ALSO DECIDED TO STAY THE PROCEEDINGS AND TO REFER THE FOLLOWING QUESTION TO THE COURT OF JUSTICE FOR A PRELIMINARY RULING :
"ARE PROCEEDINGS RELATING TO THE WRONGFUL REPUDIATION OF AN ( INDEPENDENT ) COMMERCIAL AGENCY AGREEMENT AND THE PAYMENT OF COMMISSION DUE UNDER SUCH AN AGREEMENT PROCEEDINGS IN MATTERS RELATING TO A CONTRACT WITHIN THE MEANING OF ARTICLE 5 ( 1 ) OF THE BRUSSELS CONVENTION OF 27 SEPTEMBER 1968?"
8 REFERENCE IS MADE TO THE REPORT FOR THE HEARING FOR A FULLER ACCOUNT OF THE FACTS, THE COURSE OF THE PROCEDURE AND THE WRITTEN OBSERVATIONS SUBMITTED TO THE COURT BY THE PARTIES TO THE MAIN PROCEEDINGS, THE COMMISSION, THE GOVERNMENT OF THE ITALIAN REPUBLIC AND THE UNITED KINGDOM, WHICH ARE MENTIONED OR DISCUSSED HEREINAFTER ONLY IN SO FAR AS IS NECESSARY FOR THE REASONING OF THE COURT .
9 BY WAY OF DEROGATION FROM THE GENERAL RULE GOVERNING JURISDICTION SET OUT IN THE FIRST PARAGRAPH OF ARTICLE 2 OF THE CONVENTION, ARTICLE 5 ( 1 ) OF THE CONVENTION PROVIDES AS FOLLOWS :
"A PERSON DOMICILED IN A CONTRACTING STATE MAY, IN ANOTHER CONTRACTING STATE, BE SUED :
1 . IN MATTERS RELATING TO A CONTRACT, IN THE COURTS OF THE PLACE OF PERFORMANCE OF THE OBLIGATION IN QUESTION ...".
10 AS THE COURT HELD IN ITS JUDGMENT OF 22 MARCH 1983 IN CASE 34/82 ( MARTIN PETERS BAUUNTERNEHMUNG GMBH V ZUID NEDERLANDSE AANNEMERS VERENIGING (( 1983 )) ECR 987 ) THE CONCEPT OF "MATTERS RELATING TO A CONTRACT" SERVES AS A CRITERION TO DEFINE THE SCOPE OF ONE OF THE RULES OF SPECIAL JURISDICTION AVAILABLE TO THE PLAINTIFF . HAVING REGARD TO THE OBJECTIVE AND THE GENERAL SCHEME OF THE CONVENTION, IT IS IMPORTANT THAT, IN ORDER TO ENSURE AS FAR AS POSSIBLE THE EQUALITY AND UNIFORMITY OF THE RIGHTS AND OBLIGATIONS ARISING OUT OF THE CONVENTION FOR THE CONTRACTING STATES AND THE PERSONS CONCERNED, THAT CONCEPT SHOULD NOT BE INTERPRETED SIMPLY AS REFERRING TO THE NATIONAL LAW OF ONE OR OTHER OF THE STATES CONCERNED .
11 CONSEQUENTLY, THE CONCEPT OF "MATTERS RELATING TO A CONTRACT" 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 .
12 THERE IS NO DOUBT THAT A CLAIM FOR THE PAYMENT OF COMMISSION DUE UNDER AN INDEPENDENT COMMERCIAL AGENCY AGREEMENT FINDS ITS VERY BASIS IN THAT AGREEMENT AND CONSEQUENTLY CONSTITUTES A MATTER RELATING TO A CONTRACT WITHIN THE MEANING OF ARTICLE 5 ( 1 ) OF THE CONVENTION .
13 THE SAME VIEW MUST BE TAKEN OF A CLAIM FOR COMPENSATION FOR THE WRONGFUL REPUDIATION OF SUCH AN AGREEMENT AS THE BASIS FOR SUCH COMPENSATION IS THE FAILURE TO COMPLY WITH