Lloyds Register of Shipping v Bammeville

JurisdictionFrance
CourtCivil Tribunal (France)
Date22 mars 1958
France, Tribunal Civil de la Seine.
Lloyds Register of Shipping
and
Bammeville.

Aliens Position of Treatment by receiving State Foreign company claiming benefit of municipal legislation governing security of tenure of business premises Anglo-French Treaty of Commerce and Navigation, 1882 Supplementary Anglo-French Agreement of 1929 The law of France.

Treaties Special kinds of Commercial treaties Most-favoured-nation clause Security of tenure for tenants of business premises limited under French law to French citizens Anglo-French Treaty of Commerce and Navigation, 1882, extending to British subjects most-favoured-nation treatment concerning law of landlord and tenant Supplementary Agreement of 1929 Whether English company occupying business premises in France entitled to security of tenure The law of France.

The Facts.Upon the expiration of a lease of business premises a tenant was entitled, in accordance with the French Decree of September 30, 1953, to call upon the landlord to renew his lease, or, alternatively, to pay compensation in the event of such renewal being refused. Lloyds Register of Shipping, the plaintiffs herein, were assignees of a lease originally granted by the defendants to the assignors and due to expire on April 1, 1955. The lease was tacitly continued after that date, and on June 13, 1955, the plaintiffs asked for a renewal in accordance with the provisions of the Decree of September 30, 1953. The defendants refused the request on the ground, inter alia and as far as here material, that by virtue of Article 38 of the Decree traders of foreign nationality were not entitled to insist on the renewal of business leases or the payment of compensation. The plaintiffs, who in the present action claimed 15 million francs by way of compensation, failing the renewal of their lease, contended that the Law of May 28, 1943, to which Article 38 of the Decree referred, provided that the benefit of security of tenure, or alternatively the right to payment of compensation, was available to citizens of countries which granted similar rights to French citizens, and that the United Kingdom was such a country because the Anglo-French Treaty of Commerce and Navigation, 1882, contained a most-favoured-nation clause which had been made applicable to the law of landlord and tenant by a Supplementary Agreement of May 21 and 26, 1929.

Held: that the plaintiffs were entitled, by virtue of the Treaty and the Supplementary Agreement, to claim the benefits of...

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