Matter
Commissions Import Export (Commisimpex) v Republic of the Congo (French Court of Cassation, No. 13-17.751)
- 3 December 2000Arbitration
3 December 2000Arbitration
Arbitral Award of 3 December 2000
International Chamber of Commerce
Supporting details
3 participantsCommissions Import Export (Commisimpex)
Republic of the Congo
International Chamber of Commerce
- Institutional administrator
- International Chamber of Commerce
14 years, 5 months and 10 days later · 5274 days
- 13 May 2015France
13 May 2015France
Judgment of the French Court of Cassation, First Civil Chamber, dated 13 May 2015
French Court of Cassation, First Civil Chamber
- Citation
- French Court of Cassation, First Civil Chamber, 13 May 2015, No. 13-17.751
- Decision summary
- The court quashed the Versailles Court of Appeal judgment that had required a special waiver of State execution immunity for attachment of accounts held for the Congolese diplomatic mission and remitted the case to the Paris Court of Appeal. It held that customary international law required an express waiver, not an additional special waiver.
Supporting details
4 authorities · 3 participantsCommissions Import Export (Commisimpex)
- Representative
- SCP Ortscheidt (For: Commissions Import Export (Commisimpex))
Republic of the Congo
French Court of Cassation, First Civil Chamber
2 years, 7 months and 28 days later · 973 days
- 10 January 2018France
10 January 2018France
Judgment of the French Court of Cassation, First Civil Chamber, dated 10 January 2018
French Court of Cassation, First Civil Chamber
- Citation
- French Court of Cassation, First Civil Chamber, 10 January 2018, No. 16-22.494
- Decision summary
- The court annulled without remand the Paris Court of Appeal judgment validating Commisimpex's attachments, confirmed the Nanterre enforcement judgment, and rejected the parties' claims for costs. It applied the statutory conditions governing State execution immunity and the diplomatic protection of the attached accounts.
Supporting details
6 authorities · 4 participantsRepublic of the Congo
- Representative
- SCP Rousseau and Tapie (For: Republic of the Congo)
Commissions Import Export (Commisimpex)
- Representative
- SCP Ortscheidt (For: Commissions Import Export (Commisimpex))
French Court of Cassation, First Civil Chamber
1 year, 8 months and 22 days later · 630 days
- 2 October 2019France
2 October 2019France
Constitutional Question Judgment of the French Court of Cassation, First Civil Chamber, dated 2 October 2019
French Court of Cassation, First Civil Chamber
- Citation
- French Court of Cassation, First Civil Chamber, 2 October 2019, No. Q 19-10.669
- Decision summary
- The court held that there was no need to refer to the Constitutional Council the priority constitutional question concerning the statutory rules governing waiver of State immunity from enforcement in the Commisimpex proceedings.
Supporting details
4 authorities · 8 participantsCommissions Import Export (Commisimpex)
- Representative
- SCP Ortscheidt (For: Commissions Import Export (Commisimpex))
Republic of the Congo
- Representative
- SCP Gouz-Fitoussi (For: Republic of the Congo)
Prosecutor General at the Paris Court of Appeal
French Court of Cassation, First Civil Chamber
- Advocate General
- Caron-Déglise
- Judge
- Batut
- Judge
- Acquaviva
3 years, 6 months and 11 days later · 1289 days
- 13 April 2023France
13 April 2023France
Judgment of the French Court of Cassation, First Civil Chamber, dated 13 April 2023
French Court of Cassation, First Civil Chamber
- Citation
- French Court of Cassation, First Civil Chamber, 13 April 2023, No. T 18-24.859
- Decision summary
- The court rejected the Republic of the Congo's appeal concerning Commisimpex's attachment of tax and other receivables owed to the Republic by EDF Africa Services. It upheld the enforcement decision and rejected the parties' costs applications.
Supporting details
3 authorities · 6 participantsRepublic of the Congo
- Representative
- SCP Gouz-Fitoussi (For: Republic of the Congo)
Commissions Import Export (Commisimpex)
- Representative
- SARL Ortscheidt (For: Commissions Import Export (Commisimpex))
EDF Africa Services
French Court of Cassation, First Civil Chamber
- Advocate General
- Salomon
1 year, 5 months and 6 days later · 525 days
- 19 September 2024France
19 September 2024France
Judgment of the Paris Court of Appeal, Division 1, Chamber 10, dated 19 September 2024
Paris Court of Appeal, Division 1, Chamber 10
- Decision summary
- The court declared inadmissible the Presidency of the Republic of the Congo's third-party challenge to the Paris Court of Appeal judgment of 3 June 2021. It held that the Presidency was not distinct from the Republic of the Congo for this purpose and ordered the Republic to pay Commisimpex EUR 15,000 in costs.
Supporting details
2 authorities · 10 participantsPresidency of the Republic of the Congo
- Representative
- Matthieu Boccon Gibod (For: Presidency of the Republic of the Congo)
- Representative
- Simon Ndiaye (For: Presidency of the Republic of the Congo)
Republic of the Congo
Commissions Import Export (Commisimpex)
- Representative
- Jacques-Alexandre Genet (For: Commissions Import Export (Commisimpex))
Paris Court of Appeal, Division 1, Chamber 10
- Judge
- Bénédicte Pruvost
- Judge
- Valérie Distingin
- Judge
- Catherine Lefort
Other
- Court Reporter
- Grégoire Grospellier