Source: All England Reporter
Publisher Citation: [2002] All ER (D) 213 (Nov)
Court: Court of Justice of the European Communities (Fifth Chamber)
Judge:

Judges Timmermans (President of the Fourth Chamber, acting as President of the Fifth Chamber), Edward, La Pergola, Jann (Rapporteur) and von Bahr.

Judgment Dates: 14 November 2002

Catchwords

European Communities - The Court of Justice - Reference from national court - Reference for preliminary ruling - Concept of 'civil matters' - Scope of 'social security' - Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters 1968, art 1.

The Case

Where the action under a right of recourse was founded on provisions by which the legislature conferred on the public body a prerogative of its own, that action could not be regarded as being brought in civil matters within the first paragraph of art1 of the Brussels Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters 1968. Furthermore, point 3 of the second paragraph of art1 of that Convention did not encompass an action where a public authority sought from a person governed by private law recovery in accordance with the rules of the ordinary law of sums paid by it by way of social assistance to the divorced spouse and the child of that person.

Practice Areas

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