38It follows, in that regard, from the case-law on the system created by the Convention of 27 September 1968 on jurisdiction and the enforcement of judgments in civil and commercial matters (OJ 1978 L 304, p. 36), as amended and subsequently reproduced first in Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ 2001 L 12, p. 1) and then in Regulation No 1215/2012, that a counterclaim is not indissociable from a mere defence. Although brought in proceedings initiated by means of another legal remedy, it is a separate and self-standing claim the procedural treatment of which is independent of the main claim and which can thus be proceeded with even if the claim of the principal claimant is dismissed (see, to that effect, judgment of 12 October 2016, Kostanjevec, C‑185/15, EU:C:2016:763, paragraph 32 and the case-law cited).
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