French Supreme Court decision in Commisimpex dispute heralds significant change in approach to sovereign immunity | Practical Law

French Supreme Court decision in Commisimpex dispute heralds significant change in approach to sovereign immunity | Practical Law

In Cour de cassation, Chambre civile 1, 13 May 2015, n° 13-17751, the French Cour de cassation (Supreme Court) considered an appeal from a Versailles Court of Appeal judgment in the long-running dispute between the Republic of the Congo and the Congolese company, Commissions Import Export SA (Commisimpex). The Supreme Court considered whether, under customary international law, diplomatic missions benefit from an autonomous form of immunity from execution, which can only be waived in an express and specific manner.

French Supreme Court decision in Commisimpex dispute heralds significant change in approach to sovereign immunity

by Peter Archer (Associate), Herbert Smith Freehills LLP
Published on 03 Jun 2015 • France
In Cour de cassation, Chambre civile 1, 13 May 2015, n° 13-17751, the French Cour de cassation (Supreme Court) considered an appeal from a Versailles Court of Appeal judgment in the long-running dispute between the Republic of the Congo and the Congolese company, Commissions Import Export SA (Commisimpex). The Supreme Court considered whether, under customary international law, diplomatic missions benefit from an autonomous form of immunity from execution, which can only be waived in an express and specific manner.