Judgment of the Court; 4 July 1985; AS-Autoteile Service GmbH v Pierre Malhé; Germany; in Case 220/84

Applications to oppose enforcement, as provided for under Paragraph 767 of the German Code of Civil Procedure, fall, as such, within the jurisdiction provision contained in Article 16 (5) of the Convention; that provision does not however make it possible, in an application to oppose enforcement made to the courts of the Contracting State in which enforcement is to take place, to plead a set-off between the right whose enforcement is being sought and a claim over which the courts of that State would have no jurisdiction if it were raised independently.