Judgment_paragraph 37 · Cartier parfums — lunettes SAS and Axa Corporate Solutions assurances SA v Ziegler France SA and Others (C-1/13)

37Moreover, the Court has held that Article 18 of the Brussels Convention also applies in a case where the defendant makes submissions on both the jurisdiction of the court and the substance of the dispute. However, the challenge to jurisdiction may have the result attributed to it by Article 18 only if the applicant and the court seised of the matter are able to ascertain from the time of the defendant’s first defence that it is intended to contest the jurisdiction of the court (see, to that effect, Elefanten Schuh, paragraphs 14 and 15).