Opinion of the Advocate General — ECLI:EU:C:2002:727
Date: 2002-12-05
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Brussels Convention of 27 September 1968;Brussels Convention of 27 September 1968 - Jurisdiction
Procedure: Reference for a preliminary ruling
Origin: Netherlands

SUMMARY — CASE C-266/01 
Summary of the Judgment 
Convention on jurisdiction and the Enforcement of judgments in Civil and Commercial 
Matters — Scope — Civil and commercial matters — Concept of 'civil and commercial 
matters' — Action brought by the State for the enforcement of a guarantee contract 
entered into in order to satisfy a condition imposed by a third party contractor — 
Included — Conditions — Concept of 'customs matters' — Action brought by the State 
for the enforcement of a guarantee contract intended to guarantee the payment of a 
customs debt — Excluded — Criteria 
(Brussels Convention of 27 September 1968, Art. 1, first para.) 
The first paragraph of Article 1 of the 
Convention of 27 September 1968 on 
Jurisdiction and the Enforcement of Judg­
ments in Civil and Commercial Matters as 
amended by the Convention of 9 October 
1978 on the Accession of the Kingdom of 
Denmark, Ireland and the United Kingdom 
of Great Britain and Northern Ireland), by 
the Convention of 25 October 1982 on the 
Accession of the Hellenic Republic and by 
the Convention of 26 May 1989 on the 
Accession of the Kingdom of Spain and the 
Portuguese Republic must be interpreted as 
follows: 
— 'civil and commercial matters', within 
the meaning of the first sentence of that 
provision, covers a claim by which a 
Contracting State seeks to enforce 
against a person governed by private 
law a private-law guarantee contract 
which was concluded in order to 
enable a third person to supply a 
guarantee required and defined by that 
State, in so far as the legal relationship 
between the creditor and the guaran­
tor, under the guarantee contract, does 
not entail the exercise by the State of 
powers going beyond those existing 
under the rules applicable to relations 
between private individuals; 
— 'customs matters', within the meaning 
of the second sentence of that provi­
sion, does not cover a claim by which a 
Contracting State seeks to enforce a 
guarantee contract intended to guaran­
tee the payment of a customs debt, 
where the legal relationship between 
the State and the guarantor, under that 
contract, does not entail the exercise by 
the State of powers going beyond those 
existing under the rules applicable to 
relations between private individuals, 
even if the guarantor may raise pleas in 
defence which necessitate an investi­
gation into the existence and content of 
the customs debt. 
(see paras 36, 44, operative part) 
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