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Bertuzzi v Ets Santarelli Frères

International Law Reports Cited in Precedent Map Related
JurisdictionFrance
Docket NumberCase No. 84
Date06 avril 1951
CourtCivil Tribunal (France)
France, Tribunal Civil of Bastia.
Case No. 84
Bertuzzi
and
Éts. Santarelli Frères.

Aliens — Treatment of — Right to Sue — Security for Costs — Italian Nationals in France.

The Facts.—The plaintiff in this case was an Italian national; the defendant firm was French. The defendant firm asked the Court for a preliminary ruling requiring the plaintiff, as an alien suing French nationals in France, to give security for costs. It was contended on behalf of the plaintiff that Italian nationals in France were exempt from the payment of security for costs by virtue of the Franco-Sardinian Treaty of March 24, 1760, which was extended to the whole of Italy in 1860.

Held: that the plaintiff must give security for costs. The Court said:

“The plaintiff is an Italian national. Subsequent to the extension to the whole of Italy of the Franco-Sardinian Treaty of March 24, 1760, a Treaty was concluded between France and Italy on February 29, 1860, which exempts from the payment of security for costs only poor persons who have obtained legal aid. Article 44 of the Treaty of Peace...

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