Judgment of the Court; 9 November 1978; Nikolaus Meeth v Glacetal; in Case 23/78

1. The first paragraph of Article 17 of the Convention of 27 September 1968 on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters cannot be interpreted as prohibiting an agreement under which the two parties to a contract for sale, who are domiciled in different States, can be sued only in the courts of their respective States.

2. Where there is a clause conferrring jurisdiction such as that described in the reply to the first question the first paragraph of Article 17 of the Convention of 27 September 1968 cannot be interpreted as prohibiting the court before which a dispute has been brought in pursuance of such a clause from taking into account a set-off connected with the legal relationship in dispute.