COURT WHICH MAY BE CALLED UPON TO HEAR IT , WITH A VIEW TO THE EFFICACIOUS CONDUCT OF THE PROCEEDINGS .
12 IN THAT CONTEXT , THE DESIGNATION BY ARTICLE 5 ( 1 ) OF THE CONVENTION OF THE COURTS FOR THE PLACE OF PERFORMANCE OF THE OBLIGATION IN QUESTION EXPRESSES THE CONCERN THAT , BECAUSE OF THE CLOSE LINKS CREATED BY A CONTRACT BETWEEN THE PARTIES THERETO , IT SHOULD BE POSSIBLE FOR ALL THE DIFFICULTIES WHICH MAY ARISE ON THE OCCASION OF THE PERFORMANCE OF A CONTRACTUAL OBLIGATION TO BE BROUGHT BEFORE THE SAME COURT : THAT FOR THE PLACE OF PERFORMANCE OF THE OBLIGATION .
13 IN THAT REGARD IT APPEARS THAT MEMBERSHIP OF AN ASSOCIATION CREATES BETWEEN THE MEMBERS CLOSE LINKS OF THE SAME KIND AS THOSE WHICH ARE CREATED BETWEEN THE PARTIES TO A CONTRACT AND THAT CONSEQUENTLY THE OBLIGATIONS TO WHICH THE NATIONAL COURT REFERS MAY BE REGARDED AS CONTRACTUAL FOR THE PURPOSE OF THE APPLICATION OF ARTICLE 5 ( 1 ) OF THE CONVENTION .
14 SINCE UNDER NATIONAL LEGAL SYSTEMS IT IS USUALLY STIPULATED THAT THE PLACE IN WHICH THE ASSOCIATION IS ESTABLISHED IS TO BE THE PLACE OF PERFORMANCE OF OBLIGATIONS ARISING OUT OF THE ACT OF BECOMING A MEMBER , THE APPLICATION OF ARTICLE 5 ( 1 ) OF THE CONVENTION ALSO HAS PRACTICAL ADVANTAGES : THE COURT FOR THE PLACE IN WHICH THE ASSOCIATION HAS ITS SEAT IS IN FACT USUALLY THE BEST FITTED TO UNDERSTAND THE DOCUMENTS OF CONSTITUTION , RULES AND DECISIONS OF THE ASSOCIATION , AND ALSO THE CIRCUMSTANCES OUT OF WHICH THE DISPUTE AROSE .
15 UNDER THOSE CIRCUMSTANCES THE ANSWER TO THE FIRST QUESTION SHOULD BE THAT THE OBLIGATIONS IN REGARD TO THE PAYMENT OF A SUM OF MONEY WHICH HAVE THEIR BASIS IN THE RELATIONSHIP BETWEEN AN ASSOCIATION AND ITS MEMBERS BY VIRTUE OF MEMBERSHIP MUST BE REGARDED AS ' ' MATTERS RELATING TO A CONTRACT ' ' WITHIN THE MEANING OF ARTICLE 5 ( 1 ) OF THE CONVENTION .
2 . SECOND QUESTION
16 THE NATIONAL COURT ASKS THE COURT OF JUSTICE TO STATE WHETHER , IN ORDER TO DETERMINE WHETHER OR NOT AN OBLIGATION OF A MEMBER TOWARDS AN ASSOCIATION FALLS WITHIN ' ' MATTERS RELATING TO A CONTRACT ' ' , A DISTINCTION SHOULD BE DRAWN ACCORDING TO WHETHER THE OBLIGATION IN QUESTION ARISES SIMPLY FROM THE ACT OF BECOMING A MEMBER OR RESULTS FROM THAT ACT IN CONJUNCTION WITH A DECISION MADE BY AN ORGAN OF THE ASSOCIATION .
17 IT SHOULD BE NOTED THAT MULTIPLICATION OF THE BASES OF JURISDICTION IN ONE AND THE SAME TYPE OF CASE IS NOT LIKELY TO ENCOURAGE LEGAL CERTAINTY AND EFFECTIVE LEGAL PROTECTION THROUGHOUT THE TERRITORY OF THE COMMUNITY . THE PROVISIONS OF THE CONVENTION SHOULD THEREFORE BE INTERPRETED IN SUCH A WAY THAT THE COURT SEISED IS NOT REQUIRED TO DECLARE THAT IT HAS JURISDICTION TO ADJUDICATE UPON CERTAIN APPLICATIONS BUT HAS NO JURISDICTION TO HEAR CERTAIN OTHER APPLICATIONS ,