ECJ 1. Article 18 of the convention of 27 September 1968 on Jurisdiction and the enforcement of judgments in civil and commercial matters applies even where the parties have by agreement designated a court which is to have jurisdiction within the meaning of article 17 of that convention.
2. Article 18 of the Convention of 27 september 1968 must be interpreted as meaning that the rule on jurisdiction which that provision lays down does not apply where the defendant not only contests the court’s jurisdiction but also makes submissions on the substance of the action, provided that if the challenge to jurisdiction is not preliminary to any defence as to the substance it does not occur after the making of the submissions which under national procedural law are considered to be the first defence addressed to the court seised.
3. Since the aim of article 17 of the Convention is to lay down the formal requirements which agreements conferring jurisdiction must meet, contracting states are not free to lay down formal requirements other than those contained in the Convention. When those rules are applied to provisions concerning the language to be used in an agreement conferring jurisdiction they imply that the legislation of a contracting state may not allow the validity of such an agreement to be called in question solely on the ground that the language used is not that prescribed by that legislation.
[1982] 3 CMLR 1, R-150/80, [1981] EUECJ R-150/80, [1981] ECR 1671
Bailii
Cited by:
Cited – Winkler and Another v Shamoon and Others ChD 15-Feb-2016
The claimants sought a declaration as against the residuary beneficiaries (wife and daughter) under the will, saying that the claimants had a beneficial interest in company shares within the estate. The defendants fild acknowledgments of service but . .
Lists of cited by and citing cases may be incomplete.
European, Jurisdiction
Leading Case
Updated: 31 October 2021; Ref: scu.214991