QUESTION REFERRED TO IT BY THE OBERLANDESGERICHT DUSSELDORF , BY ORDER DATED 16 FEBRUARY 1976 , HEREBY RULES :
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 NOT BE MADE 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 . A JUDGMENT GIVEN IN AN ACTION BETWEEN A PUBLIC AUTHORITY AND A PERSON GOVERNED BY PRIVATE LAW , IN WHICH THE PUBLIC AUTHORITY HAS ACTED IN THE EXERCISE OF ITS POWERS , IS EXCLUDED FROM THE AREA OF APPLICATION OF THE CONVENTION .