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.