Civil and Commercial (Art. 1) - Brussels Ia

Eurocontrol case

Autonomous meaning of “civil and commercial” (internal law and courts which are involved are irrelevant), however dispute between individual and State is not civil and commercial when State is exercising public powers. (I.e. it was not the case)

Fahnenbrock case

The action of the State must have a direct and immediate effect for the public body to be exercising its public powers and to be excluded of the regulation.(i.e. Greek state made a law allowing bond holders tThe action of the State must have a direct and immediate effect for the public body to be exercising its public powers and to be excluded of the regulation.(i.e. Greek state made a law allowing bond holders to do a “haircut”, so at the end it was the decision of the bondholders to make use of that law and not the state directly so the regulation applies)

Kuhn case

Here the CJEU says the contrary (cfr. Fahrenbrock), the context should be taken into account and the Greek State has indeed exercised public powers.

Barreau de Dinant v. Maitre D.N. (Not in materials)

Bifurcation is possible (the bar partially exercises public authority, but the other things which are done by the bar aren’t an exercise of public authority and fall under regulation eg. Insurance for lawyers etc.)

Steenbergen case ( not in materials)

The fact that a municipality can disregard third party effect of an agreement is a form of exercise of public powers.