Connecticut Bank of Commerce v Republic of the Congo (French Court of Cassation, First Civil Chamber, joined appeals nos. 04-13.108 and 04-16.889)

Procedural record

1. 3 July 2003France

   3 July 2003France

   Judgment of the Paris Court of Appeal dated 3 July 2003

   Paris Court of Appeal

   Decision summary

   The Paris Court of Appeal treated SNPC as an emanation of the Republic of the Congo, but found the notification of the seizures defective and declared the seizure measures of 24 October 2001 ineffective, ordering their release.

   Participants

   Société nationale des pétroles du Congo

   Republic of the Congo

   Connecticut Bank of Commerce

   Paris Court of Appeal

   3 years, 7 months and 3 days later · 1314 days

2. 6 February 2007France

   6 February 2007France

   Judgment of the French Court of Cassation, First Civil Chamber, in joined appeals nos. 04-13.108 and 04-16.889 dated 6 February 2007

   French Court of Cassation, First Civil Chamber

   Case no.

   04-13.108 and 04-16.889

   Decision summary

   The Court of Cassation partially quashed the Paris Court of Appeal judgment concerning seizures made against SNPC for the Republic of the Congo's debt. It held that SNPC was an emanation of the Republic without a distinct patrimony and that the Republic had contractually waived notification, jurisdiction, and enforcement immunities; it remitted those issues to a differently composed Paris Court of Appeal.

   Participants

   Société nationale des pétroles du Congo

   Republic of the Congo

   Connecticut Bank of Commerce

   AF-CAP Inc

   BNP Paribas

   Société générale

   French Court of Cassation, First Civil Chamber

   Authorities cited

   6

   • Judgment of the High Court of Justice of London
     case-law
   • Congolese law of 23 April 1998 establishing SNPC
     statute
   • French Civil Code
     statute
   • French Law of 9 July 1991
     statute
   • French Decree of 31 July 1992
     statute
   • French new Code of Civil Procedure
     statute
3. Date not availableArbitration

   Date not availableArbitration

   Arbitral Award in Connecticut Bank of Commerce v Republic of the Congo

   Participants

   Connecticut Bank of Commerce

   Republic of the Congo

4. Date not availableUnited Kingdom

   Date not availableUnited Kingdom

   Judgment of the High Court of Justice of London

   High Court of Justice of London

   Decision summary

   The High Court of Justice of London issued a payment judgment against the Republic of the Congo, which was later granted exequatur in France.

   Participants

   Connecticut Bank of Commerce

   Republic of the Congo

   High Court of Justice of London