Re Celton and Stephan
| Jurisdiction | France |
| Date | 06 juillet 1966 |
| Court | Administrative Tribunal (France) |
Jurisdiction In general Territorial Fisheries Franco-Brazilian lobster war Claim by French nationals for losses resulting from unsuccessful fishing season Whether French State liable to pay compensation The Law of France.
International law in general Relation to municipal law Claim by French nationals for compensation from French State Losses during 1963 fishing season as result of Franco-Brazilian lobster war Whether French State liable as authorizing fishing off Brazil Whether position taken by French Government in negotiations and protection accorded fishing vessels justiciable by administrative tribunals Whether losses due to action by French Government or to unilateral action by Brazil The law of France.
Summary.The claimants, French nationals, sought compensation from the French State in respect of losses sustained during the unsuccessful fishing season of 1963 as a result of the Franco-Brazilian lobster war.
Held: that the claim must be rejected. The French Government had not given the claimants authority to fish off the coast of Brazil. The position taken by the French Government in the course of negotiations with Brazil and the measures taken with regard to the protection of vessels fishing in the disputed area were not justiciable by the administrative tribunals. Moreover, the loss incurred by the plaintiffs was the result of a unilateral act of the Brazilian Government, for which the French State could not be liable.
The following is the text of the judgment:
This is a claim by M. Celton, owner of the lobster-boat Gotte, for the annulment of a decision of the Secretary-General for the Merchant Marine dated 25 May 1964 rejecting his petition of 17 January 1964 for an indemnity from the State for loss suffered duing the fishing season of January to March 1963 owing to the impossibility of fishing off the coast of Brazil.
The Law of 22 July 1889, the Decrees of 6 and 26 September 1926, of 30 September and 28 November 1953 and the Law of 7 June 1956 have been considered.
The claims of MM. Celton and Stephan present similar issues for adjudication and they have been the subject of common preliminary proceedings. It is therefore appropriate to join them in order that they may be adjudicated on in the same decision.
It does not appear from the evidence that the French Government had given the plaintiff shipowners authority to send their vessels to fish for lobster on the high seas and...
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