Judgment of the Court; 15 May 1990; Kongress Agentur Hagen GmbH v Zeehaghe BV; in Case C-365/88

( 1 ) Where a defendant domiciled in a Contracting State is sued in a court of another Contracting State pursuant to Article 5(1 ) of the Brussels Convention, that court also has jurisdiction by virtue of Article 6(2 ) of the Brussels Convention to entertain an action on a warranty or guarantee brought against a person domiciled in a Contracting State other than that of the court seised of the original proceedings .

( 2 ) Article 6(2 ) must be interpreted as meaning that it does not require the national court to accede to the request for leave to bring an action on a warranty or guarantee and that the national court may apply the procedural rules of its national law in order to determine whether that action is admissible, provided that the effectiveness of the Convention in that regard is not impaired and, in particular, that leave to bring the action on the warranty or guarantee is not refused on the ground that the third party resides or is domiciled in a Contracting State other than that of the court seised of the original proceedings.