Hans-Hermann Mietz v Intership Yachting Sneek BV.
Date: 1999-04-27
26 According to settled case-law, the concepts used in Articles 13 and 14 of the Convention must be interpreted independently, by reference principally to the system and objectives of the Convention (see, in particular, Case 150/77 Bertrand v Ott [1978] ECR 1431, paragraphs 14, 15, 16 and 19, Case C-89/91 Shearson Lehman Hutton v TVB [1993] ECR I-139, paragraph 13, and Case C-269/95 Benincasa v Dentalkit [1997] ECR I-3767, paragraph 12).
27 Furthermore, the rules of jurisdiction which derogate from the general principle on jurisdiction, such as the rules featuring in Articles 13 and 14, cannot give rise to an interpretation going beyond the cases envisaged by the Convention (see Bertrand, paragraph 17, Shearson Lehman Hutton, paragraphs 14, 15 and 16, and Benincasa, paragraphs 13 and 14, all cited above).
28 The Court held, in paragraph 20 of its judgment in Bertrand, that the sale of goods on instalment credit terms is to be understood as a transaction in which the price is discharged by way of several payments or which is linked to a financing contract.
40 It is important to stress that it is not necessary for the court hearing an application for provisional or protective measures to have recourse to Article 24 of the Convention where it has, in any event, jurisdiction as to the substance of a case in accordance with Articles 2 and 5 to 18 of the Convention (see, to that effect, Case C-391/95 Van Uden v Deco-Line [1998] ECR I-7091, paragraph 19).
41 In this connection, the Court held at paragraph 22 of its judgment in Van Uden that the court having jurisdiction as to the substance of a case under one of the heads of jurisdiction laid down in the Convention also has jurisdiction to order provisional or protective measures, without that jurisdiction being subject to any further conditions.
42 In contrast, in the case of a judgment delivered solely by virtue of the jurisdiction provided for under Article 24 of the Convention and ordering interim payment of a contractual consideration, the Court ruled in Van Uden that such a judgment does not constitute a provisional measure within the meaning of Article 24 unless, first, repayment to the defendant of the sum awarded is guaranteed if the plaintiff is unsuccessful as regards the substance of his claim and, second, the measure ordered relates only to specific assets of the defendant located or to be located within the confines of the territorial jurisdiction of the court to which application is made.
46 Article 24 of the Convention expressly provides that a court has jurisdiction under its national law to grant an application for such measures, even if does not have jurisdiction as to the substance of the matter.  That jurisdiction must be exercised within the limits set out in Article 24 of the Convention with regard, in particular, to the granting of measures ordering interim payment, limits which do not apply where the court has jurisdiction as to the substance of the matter (see, to that effect, Van Uden, paragraph 19).
47 However, it is important to ensure that enforcement, in the State where it is sought, of provisional or protective measures allegedly founded on the jurisdiction laid down in Article 24 of the Convention, but which go beyond the limits of that jurisdiction, does not result in circumvention of the rules on jurisdiction as to the substance set out in Articles 2 and 5 to 18 of the Convention (see, to that effect, Van Uden, paragraph 46).
49 The question which arises for the court to which application for enforcement is made therefore relates not to the jurisdiction, as such, of the court of origin, but rather to the extent to which it is possible to seek enforcement of a judgment delivered in the exercise of the jurisdiction recognised by Article 24.  That jurisdiction constitutes, within the context of the Convention, a special regime (see, in that regard, Case 125/79 Denilauler v Couchet Frères [1980] ECR 1553, paragraph 15, and Van Uden, paragraph 42).