Events
2023
2023
- On April 4 the Supreme Court in France (Cour de Cassation) issued five rulings dismissing Republic of Congo’s appeals and thus confirming the attachments of tax claims carried out by Commisimpex. The Cour de cassation underlines that under the 2004 UN Convention, which reflects the customary international law, ROC’s waiver of immunity from execution, which is express but not specific, allowed Commisimpex to attach tax and social claims. Thus, an express waiver is sufficient to attach social and tax claims. The Cour de cassation confirms that:
- tax and social claims that would be owed by a French company through its subsidiary having its activity in a foreign country are located at the company’s registered office.
- these matters are not about collection by ROC of its tax claims in France but deal with the attachment of tax and social claims owed by a French company to ROC which has expressly waived its immunity from execution.
- On April 16 Commisimpex sold a real estate property located at Paris 16eme, 105 rue de la Pompe, of the Republic of Congo, through auction proceeding held before the Tribunal Judiciare of Pars, that has been previously seized by Commisimpex.
- On June 29 the Bordeaux court of appeal confirmed the lower court ruling of December 13, 2022, authorizing the sale of the aircraft through auction.
- On October 3 Commisimpex sold the Aircraft Falcon 7X a property of the Republic of Congo through auction that has been previously seized.
- On October 5 the the Paris-seated tribunal – chaired by Canada’s Pierre Bienvenu and including Orrick partner Charles Kaplan of the US and Thomas Clay of France – rejected the Republic of Congo’s bid to revise a decade-old award in favour of Commisimpex. The ICC tribunal has rejected allegations that a €1.7 billion award against the Republic of the Congo was obtained by bribing French arbitrator Yves Derains – finding the state’s claims were baseless, time-barred and an opportunistic attempt to delay enforcement proceedings initiated by Commisimpex.
