Re Job
| Jurisdiction | France |
| Date | 31 janvier 1967 |
| Court | Administrative Tribunal (France) |
States as international persons State succession Succession with regard to contractual and other obligations and concessions Contract with Algerian commune before Algerian independence Whether obligations under contract bind French State Whether still binding on Algerian commune Refusal of payment of Algerian authorities Whether recoverable from French State on non-contractual basis The law of France
Summary: The facts.Job claimed payment for work done in Algeria before Algerian independence under a contract with an Algerian commune. He had been unable to obtain payment from the Algerian authorities after independence.
Held: The claim was inadmissible and must be dismissed. The French State was not a party to the contract between Job and the local authority, and the latter remained liable on the contract after independence. The claim was inadmissible as a non-contractual claim since there had been no prior decision by the French administrative authorities to refuse him payment.
The following is the text of the judgment:
M. Job's claim is for payment for work performed in 1962 at Ain-Kebira (Algeria) and for reimbursement of the security paid by him and for damages. It appears from the evidence that the work in question was performed for the Algerian commune of Ain-Kebira under a contract concluded between that commune and M. Job.
Article 1 of Decree 641368 of 24 December 1964, amending Article 2 of Decree 63224 of 4 March 1963, established the rules of jurisdiction governing the settlement by the French courts of certain actions which were previously within the jurisdiction of the French courts in Algeria. The Decree of 24 December 1964 only concerns disputes arising before 1 July 1962 and concerning the French State, French local communities, public bodies under the aegis of such communities or the French State and situated on French territory, which are within the jurisdiction of a judicial or administrative tribunal sitting in Algeria or cases which have been transmitted to an administrative tribunal by application of Article 17 (and 4) of the Judicial Protocol which was signed on 28 August 1962...
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