On behalf of their client, creditor of the Central Bank of Iraq, Marie Poirot and Stéphane Bonifassi question the compatibility of article L.153-1 of the French Monetary and Financial Code, which requires prior authorization from the enforcement judge to seize the assets of a foreign central bank, an authorization that is subject to the demonstration that the seized funds are used for an activity governed by private law. Recently, the European Court of Humanitarian Rights (ECHR) has communicated the client’s request to the French Government, accompanied by three questions:
1. In view of the principle of immunity from execution, has the applicant suffered a disproportionate limitation of its right to the effective enforcement of judicial decisions, guaranteed by article 6 § 1 of the Convention?
2. In particular, does the application of the principle of immunity from enforcement in the present case correspond to the generally accepted rules of international law on State immunity at the time of the facts of the case?
3. Could the refusal of the Court of Cassation to pass on the priority question of constitutionality have had consequences for the overall fairness of the trial?
Access the full press release from the ECHR.