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Dioulo

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Vincent
JurisdictionFrance
CourtCourt of Cassation (France)
Date08 décembre 1995
France, Court of Cassation (First Civil Chamber).

(Drai, President; Ancel, Rapporteur; Le Foyer de Costil, Advocate-General)

Dioulo

International organizations Officials Immunity Attachment and execution Claim for attachment of salary of UNESCO official Whether salaries of such officials can be subjected to attachment by court order France UNESCO Headquarters Agreement, 1954, Articles 6 and 14 The law of France

Summary:The facts:A reference was made to the Court of Cassation by the Tribunal of First Instance of Senlis, asking whether the salary of an official of UNESCO could be subject to a court order for attachment over salaries.

Held:The immunity from execution granted by Articles 6 and 14 of the Headquarters Agreement concluded between France and UNESCO on 2 July 1954 prevented recourse to the procedure for obtaining a court order for attachment against a salary of a member of staff of UNESCO.

The following is the text of the opinion of the Court:

The Court has received a request for an opinion made on 13 September 1995 by the Tribunal of First Instance of Senlis, in proceedings between Mr Dioulo, an official of UNESCO, and his former wife. The request for an opinion concerns the following questions:

I.Is it permissible for the salary of a member of staff of UNESCO to be subjected to attachment by a creditor, in particular by means of the procedure for...

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