Judgment — ECLI:EU:C:2004:77
Date: 2004-02-05
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Brussels Convention of 27 September 1968;Brussels Convention of 27 September 1968 - Jurisdiction
Concepts: General;Civil and commercial matters
Procedure: Reference for a preliminary ruling
Origin: Italy

Summary of the Judgment 
1. Convention on Jurisdiction and the Enforcement of Judgments — Scope — Civil and 
commercial matters — Meaning of 'civil and commercial matters' — Action brought 
by a guarantor against the principal debtor by way of legal subrogation in the context 
of a contract of guarantee — Included 
(Brussels Convention of 27 September 1968, Art. 1, first para.) 
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SUMMARY — CASE C-265/02 
2. Convention on jurisdiction and the Enforcement of judgments — Special jurisdic­
tion — jurisdiction 'in matters relating to a contract' — Meaning — Action brought 
by a guarantor, by way of subrogation, against the principal debtor in the context of a 
contract of guarantee concluded with a third party — Excluded where the principal 
debtor has not authorised the conclusion of the contract 
(Brussels Convention of 27 September 1968, Art. 5(1)) 
1. An action brought by way of legal 
subrogation against an importer who 
owed customs duties by the guarantor 
who paid those duties to the customs 
au tho r i t i e s in pe r fo rmance of a 
contract of guarantee under which it 
had undertaken to the customs auth­
orities to guarantee payment of the 
duties in question by the forwarding 
agent, which had originally been 
instructed by the principal debtor to 
pay the debt, does not amount to the 
exercise of powers falling outside the 
scope of the rules applicable to rela­
tionships between private individuals, 
and must therefore be regarded as 
coming within the concept of 'civil 
and commercial matters' within the 
meaning of the first paragraph of 
Art ic le 1 of the Conven t ion of 
27 September 1968 on Jurisdiction 
and the Enforcement of Judgments in 
Civil and Commercial Matters , as 
a m e n d e d by the C o n v e n t i o n 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 Conven­
tion of 25 October 1982 on the Acces­
sion of the Hellenic Republic and by 
the Convention of 26 May 1989 on the 
Accession of the Kingdom of Spain and 
the Portuguese Republic. 
(see paras 19, 21) 
2. Article 5(1) of the Convention of 
27 September 1968 on Jurisdiction 
and the Enforcement of Judgments in 
Civil and Commercial Matters , as 
a m e n d e d by the C o n v e n t i o n 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 Conven­
tion of 25 October 1982 on the Acces­
sion 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 inter­
preted as follows: 'matters relating to a 
contract' do not cover the obligation 
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FRAHUIL 
which a guarantor who paid customs 
duties under a guarantee obtained by 
the forwarding agent seeks to enforce 
in legal proceedings by way of sub­
rogation to the rights of the customs 
authorities and by way of recourse 
against the owner of the goods, if the 
latter, who was not a party to the 
contract of guarantee, did not auth­
orise the conclusion of that contract. 
(see para. 26, operative part) 
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