Matter
France Telecom v Republic of the Congo — Enforcement of ICC Award and seizure of ANAC receivables
- 1 November 2007Arbitration
1 November 2007Arbitration
ICC Award dated 1 November 2007
International Court of Arbitration of the International Chamber of Commerce
- Decision summary
- The award ordered the Republic of the Congo, the Office National des Postes et des Telecommunications du Congo (ONPT), and Société des Telecommunications du Congo (SOTELCO) jointly and severally to pay France Telecom EUR 6,105,467.67 in principal, plus French statutory interest from 1 April 2012.
Supporting details
4 participantsFrance Telecom
Republic of the Congo
Office National des Postes et des Telecommunications du Congo (ONPT)
Société des Telecommunications du Congo (SOTELCO)
International Court of Arbitration of the International Chamber of Commerce
3 months and 20 days later · 112 days
- 21 February 2008France
21 February 2008France
Judgment of the Tribunal de grande instance de Paris dated 21 February 2008
Tribunal de grande instance de Paris
- Decision summary
- The Tribunal de grande instance de Paris granted exequatur to the ICC award of 1 November 2007.
4 years, 9 months and 13 days later · 1748 days
- 4 December 2012France
4 December 2012France
Judgment of the Tribunal de grande instance de Bobigny in case RG 12/10089 dated 4 December 2012
Tribunal de grande instance de Bobigny
- Decision summary
- The enforcement judge found that ANAC was not an emanation of the Congolese State, annulled the 20 July 2012 seizure of sums owed by Air France to ANAC and ordered its release to that extent. France Telecom was ordered to pay ANAC and Air France EUR 2,000 each for irrecoverable costs and to bear the costs; claims for a civil fine, damages for abusive seizure, and legal interest were rejected.
1 year, 1 month and 12 days later · 408 days
- 16 January 2014France
16 January 2014France
Judgment of the Paris Court of Appeal in case RG 12/22406 dated 16 January 2014
Paris Court of Appeal
- Decision summary
- The Paris Court of Appeal confirmed the 4 December 2012 judgment concerning France Telecom’s seizure of sums owed by Air France to ANAC in execution of the ICC award. It held that the Republic of the Congo’s participation in the arbitration did not amount to an express and special waiver of execution immunity, and that the seized airport-security and civil-aviation charges were sovereign tax or parafiscal resources and therefore immune from execution. The court ordered Orange to pay ANAC and Air France EUR 4,000 each under Article 700 of the French Code of Civil Procedure, dismissed the parties’ further claims, and ordered Orange to pay the appeal costs.
Supporting details
6 authorities · 16 participantsFrance Telecom
- Representative
- SCP Fisselier (For: France Telecom)
- Representative
- Alain Fisselier (For: France Telecom)
- Representative
- Stephane Bonifassi (For: France Telecom)
Agence Nationale de l’Aviation Civile (ANAC)
Republic of the Congo
- Representative
- Jean-Claude Cheviller (For: Republic of the Congo)
- Representative
- AARPI Scemla Loizon Veverka & de Fontmichel (For: Republic of the Congo)
- Representative
- Olivier Loizon (For: Republic of the Congo)
Air France
- Representative
- Anne Grappotte-Benetreau (For: Air France)
- Representative
- Catherine Visy (For: Air France)
Paris Court of Appeal
- Judge
- Alain Chauvet
- Judge
- Helene Sarbourg
Other
- Court Reporter
- Emilie Guichard