OF THE NETHERLANDS PATENTS LAW , THE HOGE RAAD NONE THE LESS EXPRESSED DOUBT OVER ITS OWN JURISDICTION ON THE GROUND THAT CERTAIN FACTORS INVOLVING THE LAW OF OTHER STATES MIGHT , BY VIRTUE OF ARTICLE 16 ( 4 ) OF THE CONVENTION , MEAN THAT THE COURTS OF OTHER CONTRACTING STATES HAD EXCLUSIVE JURISDICTION .
8 IN THE FIRST PLACE , THE HOGE RAAD RAISED THE QUESTION WHETHER , ON THE ASSUMPTION THAT THE COURTS OF ANOTHER CONTRACTING STATE HAD EXCLUSIVE JURISDICTION , THAT JURISDICTION SHOULD BE RECOGNIZED EVEN THOUGH THE POINT HAD NOT BEEN PLEADED BY ANY OF THE PARTIES . ARTICLE 419 ( 1 ) OF THE NETHERLANDS CODE OF CIVIL PROCEDURE PROVIDES THAT THE HOGE RAAD IS TO CONFINE ITS CONSIDERATION OF THE CASE ' ' TO THE GROUNDS ON WHICH THE APPEAL IS BASED ' ' , WHEREAS ARTICLE 19 OF THE CONVENTION PROVIDES THAT ' ' WHERE A COURT OF A CONTRACTING STATE IS SEISED OF A CLAIM WHICH IS PRINCIPALLY CONCERNED WITH A MATTER OVER WHICH THE COURTS OF ANOTHER CONTRACTING STATE HAVE EXCLUSIVE JURISDICTION BY VIRTUE OF ARTICLE 16 , IT SHALL DECLARE OF ITS OWN MOTION THAT IT HAS NO JURISDICTION ' ' .
9 IN ITS FIRST QUESTION , THE HOGE RAAD THEREFORE ASKS THE COURT WHETHER THE OBLIGATION IMPOSED BY ARTICLE 19 ON THE COURT OF A CONTRACTING STATE TO DECLARE OF ITS OWN MOTION THAT IT HAS NO JURISDICTION IMPLIES THAT A PROVISION SUCH AS ARTICLE 419 ( 1 ) OF THE NETHERLANDS CODE OF CIVIL PROCEDURE HAS NO EFFECT , INASMUCH AS A COURT OF CASSATION MUST INCLUDE IN ITS CONSIDERATION OF THE CASE THE QUESTION COVERED BY ARTICLE 19 AND , IF THAT QUESTION IS ANSWERED IN THE AFFIRMATIVE , MUST QUASH THE JUDGMENT APPEALED AGAINST , EVEN IF THE QUESTION HAS NOT BEEN RAISED IN THE GROUNDS OF APPEAL .
10 IN ORDER TO REPLY TO THAT QUESTION , IT IS NECESSARY TO CONSIDER THE AIMS OF THE CONVENTION .
11 ACCORDING TO THE PREAMBLE TO THE CONVENTION , THE CONTRACTING STATES , ANXIOUS TO ' ' STRENGTHEN IN THE COMMUNITY THE LEGAL PROTECTION OF PERSONS THEREIN ESTABLISHED ' ' , CONSIDERED THAT IT WAS NECESSARY FOR THAT PURPOSE ' ' TO DETERMINE THE INTERNATIONAL JURISDICTION OF THEIR COURTS , TO FACILITATE RECOGNITION AND TO INTRODUCE AN EXPEDITIOUS PROCEDURE FOR SECURING THE ENFORCEMENT OF JUDGMENTS , AUTHENTIC INSTRUMENTS AND COURT SETTLEMENTS ' ' .
12 BOTH THE PROVISIONS ON JURISDICTION AND THOSE ON THE RECOGNITION AND ENFORCEMENT OF JUDGMENTS ARE THEREFORE AIMED AT STRENGTHENING THE LEGAL PROTECTION OF PERSONS ESTABLISHED IN THE COMMUNITY .
13 THE PRINCIPLE OF LEGAL CERTAINTY IN THE COMMUNITY LEGAL ORDER AND THE AIMS PURSUED BY THE CONVENTION IN ACCORDANCE WITH ARTICLE 220 OF THE TREATY , ON WHICH IT IS BASED , REQUIRE THAT THE EQUALITY AND UNIFORMITY OF RIGHTS AND OBLIGATIONS ARISING FROM THE CONVENTION FOR THE CONTRACTING STATES AND THE PERSONS CONCERNED MUST BE ENSURED , REGARDLESS OF