Keywords
Summary

Keywords

1 . CONVENTION OF 27 SEPTEMBER 1968 - AREA OF APPLICATION - CIVIL AND COMMERCIAL MATTERS - INTERPRETATION

( CONVENTION OF 27 SEPTEMBER 1968 , ARTICLE 1 )

2 . CONVENTION OF 27 SEPTEMBER 1968 - AREA OF APPLICATION - ACTION BETWEEN A PUBLIC AUTHORITY AND A PERSON GOVERNED BY PRIVATE LAW - EXERCISE OF THE POWERS OF THE PUBLIC AUTHORITY - JUDGMENT - EXCLUSION .

( CONVENTION OF 27 SEPTEMBER 1968 , ARTICLE 1 )

Summary

1 . IN THE INTERPRETATION OF THE CONCEPT ' CIVIL AND COMMERCIAL MATTERS ' FOR THE PURPOSES OF THE APPLICATION OF THE CONVENTION OF 27 SEPTEMBER 1968 ON JURISDICTION AND THE ENFORCEMENT OF JUDGMENTS IN CIVIL AND COMMERCIAL MATTERS , IN PARTICULAR TITLE III THEREOF , REFERENCE MUST BE MADE NOT TO THE LAW OF ONE OF THE STATES CONCERNED BUT , FIRST , TO THE OBJECTIVES AND SCHEME OF THE CONVENTION AND , SECONDLY , TO THE GENERAL PRINCIPLES WHICH STEM FROM THE CORPUS OF THE NATIONAL LEGAL SYSTEMS .

2 . ALTHOUGH CERTAIN JUDGMENTS GIVEN IN ACTIONS BETWEEN A PUBLIC AUTHORITY AND A PERSON GOVERNED BY PRIVATE LAW MAY FALL WITHIN THE AREA OF APPLICATION OF THE CONVENTION , THIS IS NOT SO WHERE THE PUBLIC AUTHORITY ACTS IN THE EXERCISE OF ITS POWERS . SUCH IS THE CASE IN A DISPUTE WHICH CONCERNS THE RECOVERY OF CHARGES PAYABLE BY A PERSON GOVERNED BY PRIVATE LAW TO A NATIONAL OR INTERNATIONAL BODY GOVERNED BY PUBLIC LAW FOR THE USE OF EQUIPMENT AND SERVICES PROVIDED BY SUCH BODY , IN PARTICULAR WHERE SUCH USE IS OBLIGATORY AND EXCLUSIVE . THIS APPLIES IN PARTICULAR WHERE THE RATE OF CHARGES , THE METHODS OF CALCULATION AND THE PROCEDURES FOR COLLECTION ARE FIXED UNILATERALLY IN RELATION TO THE USERS .