42In support of that argument, the Swedish Government relies on the case-law of the Court according to which, although certain actions between a public authority and a person governed by private law may come within the scope of the Brussels Convention, it is otherwise where the public authority is acting in the exercise of its public powers (Case C-167/00 Henkel [2002] ECR I-8111, paragraphs 26 and 30, and Case C-266/01 Préservatrice foncière TIARD [2003] ECR I-4867, paragraph 22).
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