Agusquiza v Société Sota y Aznar

JurisdictionFrance
CourtCivil Tribunal (France)
Docket NumberCase No. 70
France, Civil Tribunal of Bordeaux.
Case No. 70
Agusquiza and the Spanish Government
and
Société Sota Y Aznar.

Jurisdiction — Validity of Orders for the Requisitioning of Property Abroad — Validity of Decrees of a Provincial Government — Spanish Civil War.

The Facts.—The Arno-Mendi, a Spanish ship commanded by Francisco Agusquiza, was arrested at Bordeaux on the application of certain persons who claimed to be owners of the ship. Agusquiza appeared and objected to the order for detention of the ship on the ground that it had been requisitioned by the Spanish government by virtue of a decree law of June 28, 1937, under which all ships registered at the port of Bilbao were placed under requisition. Agusquiza contended further that the claimants had been deprived of their rights by a decree of the Basque provincial government of December 23, 1936, and an ordinance issued under the authority of the same government on January 5, 1937.

Held: that the ship must be detained. The decree in question could not be given and was not intended to have extraterritorial operation. Agusquiza had not satisfactorily proved that he had any right to rely on immunities enjoyed by the Spanish government; a decree of the Basque government was not a decree of a sovereign State entitled to recognition in the French courts. The Court said: (1) “It is sufficient to read the decree law, even in the translation given by the Spanish consul at Bordeaux on August 19, 1937, to see that it has not...

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