1 . AN APPLICATION FOR PROVISIONAL MEASURES TO SECURE THE DELIVERY UP OF A DOCUMENT IN ORDER TO PREVENT IT FROM BEING USED AS EVIDENCE IN AN ACTION CONCERNING A HUSBAND ' S MANAGEMENT OF HIS WIFE ' S PROPERTY DOES NOT FALL WITHIN THE SCOPE OF THE CONVENTION OF 27 SEPTEMBER 1968 ON JURISDICTION AND THE ENFORCEMENT OF JUDGMENTS IN CIVIL AND COMMERCIAL MATTERS IF SUCH MANAGEMENT IS CLOSELY CONNECTED WITH THE PROPRIETARY RELATIONSHIP RESULTING DIRECTLY FROM THE MARRIAGE BOND .

2.ARTICLE 24 OF THE CONVENTION ON JURISDICTION AND THE ENFORCEMENT OF JUDGMENTS IN CIVIL AND COMMERCIAL MATTERS MAY NOT BE RELIED ON TO BRING WITHIN THE SCOPE OF THE CONVENTION PROVISIONAL OR PROTECTIVE MEASURES RELATING TO MATTERS WHICH ARE EXCLUDED FROM IT .

3.ARTICLE 18 OF THE CONVENTION OF 27 SEPTEMBER 1968 ON JURISDICTION AND THE ENFORCEMENT OF JUDGMENTS IN CIVIL AND COMMERCIAL MATTERS MUST BE INTERPRETED AS MEANING THAT IT ALLOWS THE DEFENDANT NOT ONLY TO CONTEST THE JURISDICTION BUT TO SUBMIT AT THE SAME TIME IN THE ALTERNATIVE A DEFENCE ON THE SUBSTANCE OF THE ACTION WITHOUT HOWEVER LOSING THE RIGHT TO RAISE AN OBJECTION OF LACK OF JURISDICTION .

_

Article 18 of the 1968 Brussels Convention allows the defendant both to contest jurisdiction and, in the alternative, submit a defence on the substance without losing the right to object to jurisdiction.

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 . ARTICLE 22 OF THE CONVENTION OF 27 SEPTEMBER 1968 APPLIES ONLY WHERE RELATED ACTIONS ARE BROUGHT BEFORE COURTS OF TWO OR MORE CONTRACTING STATES .

4 . ARTICLE 17 OF THE CONVENTION OF 27 SEPTEMBER 1968 MUST BE INTERPRETED AS MEANING THAT THE LEGISLATION OF A CONTRACTING STATE MAY NOT ALLOW THE VALIDITY OF AN AGREEMENT CONFERRING JURISDICTION TO BE CALLED IN QUESTION SOLELY ON THE GROUND THAT THE LANGUAGE USED IS NOT THAT PRESCRIBED BY THAT LEGISLATION .

_