C.H.W. v G.J.H. [1982] EUECJ R-25/81 (31 March 1982)

Applications for provisional measures concerning management of property closely connected to matrimonial relationship are excluded from the Brussels Convention; Article 24 does not override exclusions; Article 18 permits contesting jurisdiction and alternative defence simultaneously.

Citation: [1982] EUECJ R-25/81
Parties: Appellant in Cassation and Respondent in Cross Appeal: C. H. W.; Respondent in Appeal in Cassation and Appellant in Cross Appeal: G. J. H.
Jurisdiction: European Union
Judgment Date: 31 March 1982
Procedural Posture: Reference for Preliminary Ruling / Preliminary Ruling
Outcome: preliminary ruling issued
Legal Topics: Jurisdiction, Provisional Measures, Matrimonial Property, Interpretation of Brussels Convention

Civil Procedure Family Law Private International Law Jurisdiction Provisional Measures Matrimonial Property Interpretation of Brussels Convention

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Parties

C. H. W.

Appellant in Cassation and Respondent in Cross Appeal

G. J. H.

Respondent in Appeal in Cassation and Appellant in Cross Appeal

Procedural Posture

Reference for Preliminary Ruling / Preliminary Ruling

Legal Issues

1 Whether applications for provisional measures relating to matrimonial property are excluded from the Brussels Convention
2 Scope of Article 24 regarding provisional measures in excluded matters
3 Interpretation of Article 18 concerning appearance and contesting jurisdiction

Ratio Decidendi

Court Disposition

preliminary ruling issued

Orders

Application for provisional measures relating to management of wife's property excluded from Convention scope if closely connected to matrimonial relationship.
Article 24 cannot be relied upon to include provisional or protective measures relating to excluded matters.