JUDGMENT OF 16. 6. 1981 — CASE 166/80 KLOMPS v MICHEL

In Case 166/80 REFERENCE to the Court under the Protocol of 3 June 1971 on the interpretation by the Court of Justice of the Convention of 27 September 1968 on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters by the Hoge Raad der Nederlanden for a preliminary ruling in the proceedings in cassation pending before that court between

THE COURT composed of: J. Mertens de Wilmars, President, P. Pescatore and Lord Mackenzie Stuart (Presidents of Chambers), A. O'Keeffe, G. Bosco, A. Touffait, O. Due, U. Everling and A. Chloros, Judges, Advocate General: G. Reischl Registrar: A. Van Houtte

gives the following

JUDGMENT

Facts

I — Facts and procedure

II — Written observations

1. First question

2. Second question

3. Third question

4. Fourth question

5. Fifth question

III — Oral procedure

Decision

The first two questions

Third question

Fourth question

Fifth question

Costs

1 Translator's note: The relevant provisions of the English version of the Convention published in Official Journal L 304 employ the word domicile, which is accordingly used in direct quotations. Elsewhere the term habitual residence is used throughout this judgment to denote the concept in question.