Court of Justice of the 
European Communities
L-2925 Luxembourg
INFORMATION PURSUANT TO 
PROTOCOL 2 ANNEXED TO THE 
LUGANO CONVENTION
Nº 1996/10

Library, Research
and Documentation
  

Recent case-law relating to the Brussels 
and Lugano Conventions on Jurisdiction 
and the Enforcement of Judgments in Civil 
and Commercial matters
  

Brussels 
Convention

Art. 24
 

Reference for a preliminary ruling Case C-391/95
Court  :  Hoge Raad
Date  :  08.12.1995
Parties  :  Van Uden Maritime BV, handelend onder de naam Van Uden Africa Line v Kommanditgesellschaft in firma Deco-Line, Peter Determann KG en Peter Determann
Publications  :  Rechtspraak van de week 1995 nš 262
Nederlands juristenblad 1996 Bijl. p.9-10
 
Keywords*  :  Request for interpretation
 
E-24 Brussels Convention - Jurisdiction to order provisional or protective measures - Interim relief order - Obligation of payment due under a charter agreement - Jurisdiction of the court of the Contracting State of the place of performance within the meaning of article 5(1) of the Convention to hear a claim brought by a creditor in interim proceedings for an order requiring the debtor to make an interim payment - Conditions - Measure having to take effect in that State - Contract containing an arbitration clause - Relevance
 
E-24 Brussels Convention - Jurisdiction to entertain an application for provisional, including protective, measures - Jurisdiction of the court to hear a claim in interim proceedings for an order to make an interim payment - Condition - Measure having to take effect in the State of the court - Concept - Order applied for capable of enforcement in that State - Moment at which that possibility must exist
 
E-24 Brussels Convention - Jurisdiction to entertain an application for provisional, including protective, measures - Concept - Measures applied for in injunctive relief proceedings (kort geding) according to Dutch law - Included - Conditions - Substantive proceedings on the main issue pending or which may become pending - Whether material if arbitration proceedings are pending on the main issue - Claim for injunctive relief ordering the debtor to make an interim payment - Relevance
 
E-24 Brussels Convention - Jurisdiction to entertain a claim for provisional, including protective, measures - Measures foreseen by the law of a Contracting State - Concept - Jurisdiction of the court hearing an application for injunctive relief based on a domestic provision which cannot, according to article 3, paragraph 2, of the Convention, be invoked against persons domiciled in the territory of another Contracting State - Included - Conditions - Measure having to take effect in the State of the court and which is capable of being enforced there
 
Annexes  :  Notice in the Official Journal of the EC (in French and in English)
Order for reference in original language (Dutch)

*English translation provided by the Swiss Federal Office of Justice

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