Judgment of the Court; 27 September 1988; Athanasios Kalfelis v Bankhaus Schröder, Münchmeyer, Hengst and Co. and others; in Case 189/87

( 1 ) For Article 6 ( 1 ) of the Convention to apply there must exist between the various actions brought by the same plaintiff against different defendants a connection of such a kind that it is expedient to determine the actions together in order to avoid the risk of irreconcilable judgments resulting from separate proceedings;

( 2)(a ) The term "matters relating to tort, delict or quasi-delict" used in Article 5 ( 3 ) of the Convention must be regarded as an independent concept covering all actions which seek to establish the liability of a defendant and which are not related to a "contract" within the meaning of Article 5 ( 1 );

( b ) A court which has jurisdiction under Article 5 ( 3 ) over an action in so far as it is based on tort or delict does not have jurisdiction over that action in so far as it is not so based .