Arbitral Digest

Matter

Commissions Import Export (Commisimpex) v Republic of Congo

Case no.
ICC No. 16257/EC/ND/MCP/AZO/SP
  1. 3 December 2000Arbitration

    3 December 2000Arbitration

    CCI Arbitral Award of 3 December 2000

    International Court of Arbitration of the International Chamber of Commerce

    Decision summary
    The arbitral tribunal ordered the Republic of Congo and the Congolese Amortization Fund to pay Commisimpex various sums arising from the parties' outstanding obligations.

    Supporting details

    3 participants
    Commissions Import Export (Commisimpex)
    Republic of Congo
    Congolese Amortization Fund
    International Court of Arbitration of the International Chamber of Commerce

    12 years, 1 month and 18 days later · 4432 days

  2. 21 January 2013Arbitration

    21 January 2013Arbitration

    CCI Arbitral Award of 21 January 2013

    International Court of Arbitration of the International Chamber of Commerce

    Decision summary
    The second arbitral tribunal ordered the Republic of Congo to pay Commisimpex principal, interest and costs for distinct unpaid obligations; the award was made enforceable in France by exequatur.

    Supporting details

    2 participants
    Commissions Import Export (Commisimpex)
    Republic of Congo
    International Court of Arbitration of the International Chamber of Commerce

    3 years, 5 months and 9 days later · 1256 days

  3. 30 June 2016France

    30 June 2016France

    Judgment of the Paris Court of Appeal dated 30 June 2016

    Paris Court of Appeal

    Decision summary
    The court, acting as the referring court after cassation, set aside the 15 December 2011 enforcement judgment and held valid and regular Commisimpex's 12 October 2011 seizures against the Republic of Congo with Société Générale, rejecting the Republic's challenges.

    Supporting details

    2 authorities · 3 participants
    Commissions Import Export (Commisimpex)
    Republic of Congo
    Société Générale
    Paris Court of Appeal

    Authorities cited

    2
    • Customary international law on State immunity from enforcement
      customary international law
    • French Code of Civil Procedure, article 700
      statute

    2 years, 6 months and 11 days later · 924 days

  4. 10 January 2019France

    10 January 2019France

    Judgment of the French Court of Cassation, Second Civil Chamber, dated 10 January 2019 (appeal no. T 17-21.313)

    French Court of Cassation, Second Civil Chamber

    Case no.
    T 17-21.313
    Decision summary
    The Court partially quashed the Versailles Court of Appeal judgment insofar as it ordered Société Générale to pay Commisimpex 4,892,963.63 euros, remitting that issue to a differently composed court and awarding costs against Commisimpex.

    Supporting details

    2 authorities · 2 participants
    Société Générale
    Commissions Import Export (Commisimpex)
    French Court of Cassation, Second Civil Chamber

    Authorities cited

    2
    • French Code of Civil Enforcement Procedures, articles L. 211-2 and R. 211-9
      statute
    • French Code of Civil Procedure, article 700
      statute
  5. 10 January 2019France

    10 January 2019France

    Judgment of the French Court of Cassation, Second Civil Chamber, dated 10 January 2019 (appeal no. U 17-21.314)

    French Court of Cassation, Second Civil Chamber

    Case no.
    U 17-21.314
    Decision summary
    The Court partially quashed the Versailles Court of Appeal judgment insofar as it ordered Société Générale to pay Commisimpex 3,566,016.43 euros, remitting that issue to a differently composed court and awarding costs against Commisimpex.

    Supporting details

    2 authorities · 2 participants
    Société Générale
    Commissions Import Export (Commisimpex)
    French Court of Cassation, Second Civil Chamber

    Authorities cited

    2
    • French Code of Civil Procedure, article 700
      statute
    • French Code of Civil Enforcement Procedures, article R. 211-9
      statute

    3 years and 10 months later · 1400 days

  6. 10 November 2022France

    10 November 2022France

    Judgment of the Paris Court of Appeal dated 10 November 2022

    Paris Court of Appeal

    Case no.
    RG 22/00431
    Decision summary
    The court rejected the Republic of Congo's request to stay the forced sale of property seized by Commisimpex pending a criminal investigation and an attempted revision of the 21 January 2013 award, holding that the 3 December 2000 award independently supported continuation of the seizure; it awarded Commisimpex 5,000 euros and costs.

    Supporting details

    1 authority · 2 participants
    Republic of Congo
    Commissions Import Export (Commisimpex)
    Paris Court of Appeal

    Authorities cited

    1
    • French Code of Civil Procedure, articles 695, 697, 698 and 700
      statute

    3 months and 13 days later · 105 days

  7. 23 February 2023France

    23 February 2023France

    Judgment of the Paris Court of Appeal dated 23 February 2023

    Paris Court of Appeal

    Case no.
    RG 22/05139
    Decision summary
    The court confirmed the judgment limiting Commisimpex's seizure against the Republic of Congo by holding that grants paid by France through the French Development Agency under debt relief and development contracts were unseizable, and ordered Commisimpex to pay costs and 5,000 euros to the agency.

    Supporting details

    3 authorities · 3 participants
    Commissions Import Export (Commisimpex)
    Republic of Congo
    French Development Agency
    Paris Court of Appeal

    Authorities cited

    3
    • French amending Finance Act for 2003, article 87
      statute
    • French Code of Civil Enforcement Procedures, articles L. 112-1 and L. 112-2
      statute
    • French Monetary and Financial Code, articles L. 515-13, R. 515-5, R. 515-8, R. 515-12 and R. 515-13
      statute

    1 month and 21 days later · 49 days

  8. 13 April 2023France

    13 April 2023France

    Judgment of the French Court of Cassation, First Civil Chamber, dated 13 April 2023 (appeal no. T 18-24.859)

    French Court of Cassation, First Civil Chamber

    Case no.
    T 18-24.859
    Decision summary
    The Court rejected the Republic of Congo's appeal and upheld enforcement of Commisimpex's seizure of tax debts owed to the Republic by EDF Africa Services, holding that the Republic's express waiver of enforcement immunity was sufficient and that the debts could be seized at the debtor company's French seat.

    Supporting details

    4 authorities · 4 participants
    Republic of Congo
    Commissions Import Export (Commisimpex)
    EDF Africa Services
    Public Prosecutor at the Paris Court of Appeal
    French Court of Cassation, First Civil Chamber

    Authorities cited

    4
    • United Nations Convention on Jurisdictional Immunities of States and Their Property, 2 December 2004
      treaty
    • French Civil Code, article 2284
      statute
    • French Code of Civil Enforcement Procedures, article L. 111-1
      statute
    • French Code of Civil Procedure, article 700
      statute

    6 months and 20 days later · 203 days

  9. 2 November 2023France

    2 November 2023France

    Judgment of the Paris Court of Appeal dated 2 November 2023

    Paris Court of Appeal

    Case no.
    RG 23/00794
    Decision summary
    The court upheld enforcement against the Republic of Congo's Falcon 7X aircraft and rejected the related challenges by Commisimpex and the other parties, ordering the group of Congolese companies and Berrebi to pay Commisimpex 3,000 euros and costs.

    Supporting details

    6 participants
    Commissions Import Export (Commisimpex)
    Republic of Congo
    Congolese Household Waste Removal and Sanitation Company
    Congolese Electrification and Piping Company
    African Beverages of [Locality 7]
    Berrebi and Associates
    Paris Court of Appeal

    1 year, 7 months and 10 days later · 588 days

  10. 12 June 2025France

    12 June 2025France

    Judgment of the French Court of Cassation, Second Civil Chamber, dated 12 June 2025 (appeal no. T 21-11.991)

    French Court of Cassation, Second Civil Chamber

    Case no.
    T 21-11.991
    Decision summary
    The Court rejected the Republic of Congo's principal appeal and Commisimpex's incidental appeal, upheld the forced sale of the seized properties, and applied the rules governing proof of diplomatic allocation and enforcement immunity to the property pursued under Commisimpex's 30 August 2016 command to pay.

    Supporting details

    6 authorities · 6 participants
    Republic of Congo
    Commissions Import Export (Commisimpex)
    Orange
    Congolese Household Waste Removal and Sanitation Company
    Congolese Electrification and Piping Company
    African Beverages of [Locality 9]
    French Court of Cassation, Second Civil Chamber

    Authorities cited

    6
    • Vienna Convention on Diplomatic Relations, 18 April 1961
      treaty
    • French Code of Civil Enforcement Procedures, article L. 111-1-2
      statute
    • French Civil Code, article 1353
      statute
    • Immunities and Criminal Proceedings (Equatorial Guinea v France) (International Court of Justice, Immunities and Criminal Proceedings (Equatorial Guinea v France), Judgment, I.C.J. Reports 2020, p. 300)
      case law
    • French Court of Cassation, First Civil Chamber, 7 July 2021, appeal no. 20-15.994
      case law
    • French Code of Civil Procedure, articles 1014, 1015-1 and 700
      statute

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Commissions Import Export (Commisimpex) v Republic of Congo · Matter