Judgment of the Court; 21 April 1993; Volker Sonntag v Hans Waidmann, Elisabeth Waidmann and Stefan Waidmann; in Case C-172/91

1. "Civil matters" within the meaning of the first sentence of the first paragraph of Article 1 of the Convention cover an action for compensation for damage brought before a criminal court against a teacher in a State school who, during a school trip, caused injury to a pupil through a culpable and unlawful breach of his duties of supervision; this is so even where cover is provided under a social insurance scheme governed by public law.

2. Article 37(2) of the Convention must be interpreted as precluding any appeal by interested third parties against a judgment given on an appeal under Article 36 of the Convention, even where the domestic law of the State in which enforcement is sought confers on such third parties a right of appeal.

3. Non-recognition of a judgment for the reasons set out in Article 27(2) of the Convention is possible only where the defendant was in default of appearance in the original proceedings. Consequently, that provision may not be relied upon where the defendant appeared. A defendant is deemed to have appeared for the purposes of Article 27(2) of the Convention where, in connection with a claim for compensation joined to criminal proceedings, he answered at the trial, through counsel of his own choice, to the criminal charges but did not express a view on the civil claim, on which oral argument was also submitted in the presence of his counsel.