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France: Court of Cassation Decision in Sonatrach v. Migeon(Sovereign Immunity and State Enterprises)

Published online by Cambridge University Press:  27 February 2017

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Extract

The Court of Cassation's decision in Sonatrach v. Migeon follows its 1984 decision in Eurodif Corporation v. Islamic Republic of Iran [23 I.L.M. 1062 (1984)] in helping Formulate a more cogent French position on sovereign immunity. In the Eurodif case, the Court of Cassation established that a state is not entitled to sovereign immunity from execution when the activity from which the claim arises is of an economic or commercial nature and the assets subject to execution relate to that activity. The Sonatrach decision goes beyond Eurodif in distinguishing between immunity of execution granted to a sovereign state and that granted to a state enterprise.

Type
Judicial and Similar Proceedings
Information
International Legal Materials , Volume 26 , Issue 4 , July 1987 , pp. 998 - 1003
Copyright
Copyright © American Society of International Law 1987

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References

* [The English translation of the decisionwaspreparedfor International Legal Materials by Emmanuel Gaillard, I.L.M. Corresponding Editor for France, Professor of International Commercial Law, and European Counsel, Shearman & Sterling, Paris.]