Company [Y] [X] [M] and Sons v Libyan Investment Authority (French Court of Cassation, Appeal S 19-21.964)

Procedural record

1. 3 November 2021France

   3 November 2021France

   Decision of the French Court of Cassation, First Civil Chamber in appeal S 19-21.964 dated 3 November 2021

   French Court of Cassation, First Civil Chamber

   Case no.

   S 19-21.964

   Citation

   Arrêt No. 653 FS-D

   Decision summary

   The Court of Cassation stayed the appeal until the Court of Justice of the European Union decides whether seizure-attribution measures may be taken against assets subject to the Libyan asset freeze without prior authorization; it reserved the costs.

   Participants

   Company [Y] [X] [M] and Sons

   Representative

   SCP Alain Bénabent (For: Company [Y] [X] [M] and Sons)

   Libyan Investment Authority

   Representative

   SCP Delvolvé et Trichet (For: Libyan Investment Authority)

   French Court of Cassation, First Civil Chamber

   Judge

   Mr Chauvin

   Judge

   Mr Hascher

   Judge

   Ms Auroy

   Judge

   Ms Antoine

   Judge

   Mr Vigneau

   Judge

   Ms Poinseaux

   Judge

   Ms Guihal

   Judge

   Mr Fulchiron

   Judge

   Ms Dard

   Judge

   Ms Gargoullaud

   Judge

   Ms Azar

   Judge

   Mr Buat-Ménard

   Judge

   Ms Feydeau-Thieffry

   Advocate General

   Ms Caron-Déglise

   Other

   Institutional administrator

   Ms Berthomier

   Authorities cited

   9

   • United Nations Security Council Resolution 1970 (2011)
     international instrument
   • United Nations Security Council Resolution 1973 (2011)
     international instrument
   • French Code of Civil Procedure
     statute
   • French Code of Civil Enforcement Procedures
     statute
   • Council Regulation (EU) No. 2016/44 of 18 January 2016
     statute
   • Council Regulation (EU) No. 204/2011 of 2 March 2011
     statute
   • Regulation No. 965/2011 of 28 September 2011
     statute
   • French Court of Cassation, Full Court, 10 July 2020, Appeals Nos. 18-18.542 and 18-21.814
     case-law
   • French Judicial Organisation Code
     statute
2. Date not availableArbitration

   Date not availableArbitration

   Arbitral Award rendered in Cairo against the State of Libya

   Participants

   Company [Y] [X] [M] and Sons

   State of Libya