1. The concept of 'matters relating to tenancies of immovable property' within the context of Article 16 of the Convention must not be interpreted as including an agreement to rent under a usufructuary lease a retail business (verpachting van een winkelbedrijf) carried on in immovable property rented from a third person by the lessor;

2. The fact that there is a dispute as to the existence of the agreement which forms the subject of the action does not affect the reply given as regards the applicability of Article 16 of the Convention.