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Re Horrie

International Law Reports Cited in Precedent Map Related
JurisdictionFrance
Date14 février 1961
CourtAdministrative Tribunal (France)
France, Administrative Tribunal of Paris.
In re Horrie.

International law in general Relation to municipal law Measures connected with grant of independence Injury to national of parent State Whether giving rise to liability Act of State The law of France.

Treaties Conclusion and operation of Miscellaneous Effects of treaty on Individuals Franco-Tunisian Judicial Convention Abolition of French tribunals in Tunisia Consequent loss of position by French official Whether French State liable to pay compensation The law of France.

Summary.In 1941 Horrie, a French National, was appointed by the French administration in Tunisia to a post as attorney in the French Court of Appeal of Tunis. The French courts in Tunisiawhich operated independently of the Tunisian judicial tribunalswere abolished under the Franco-Tunisian Judicial Convention of 9 March 1957 and were closed down by the French authorities on 29 June 1957. Horrie claimed compensation or appointment to another post. This was refused by the French Government, and the case was referred to the Administrative Tribunal.

Held: that the French State was not liable to compensate for damage which was the consequence of a diplomatic act, namely the Franco-Tunisian Judicial Convention. It was also held, for reasons of French administrative law, that the State was not required to appoint Horrie to another post.

The following is the text of the relevant part of the judgment:

The responsibility of the State on account of the Law of 10th July 1957 and the measures taken in performance of the Franco-Tunisian Judicial ConventionThe Judicial Convention between...

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