Re Marchi
| Jurisdiction | France |
| Date | 22 juin 1965 |
| Court | Administrative Tribunal (France) |
States as international persons State succession The public debt Obligations arising from judgments of courts Guinea Proclamation of independence without agreement regarding liquidation of debts Judgment of court of French Guinea against local administration Part payment of damages by French State Whether liable to pay entire sum awarded The law of France.
Summary.On 1 July 1958 the Tribunal de Travail of Conakry, in former French Guinea, gave a judgment in favour of Marchi against the administration of French Guinea. On 2 October 1958 Guinea declared its independence without concluding any agreement with France regarding the debts of the territory. The French State awarded Marchi a sum in partial execution of the judgment; Marchi sought payment of the whole sum.
Held (inter alia): that in the absence of any agreement transferring to the French State the obligation to liquidate judgment debts against the former territory of French Guinea, the French State was not obliged to bear the burden of these debts and hence could not be held to be at fault in only partly executing the judgment in favour of Marchi.
The following is the text of the judgment:
This is a petition by Paul Marchi for the administration to be ordered to indemnify him for damage due to the non-execution of the judgment dated 1 July 1958 rendered in his favour by the Tribunal de Travail of Conakry.
The following provisions have been considered: the Law of 28 Pluvise of the Year VIII, Article 4; the Law of 22 July 1889, as amended by the Decree of 26 September 1926, issued in execution of the Law of 3 August 1926; the Decree of 30 September 1953 and the decrees providing for regulation of public administration of 28 November 1953 and 29 January 1957; the Decree of 11 January 1965; the General Tax Code, together with the Law of 27 December 1963.
Competence.M. Marchi's petition is for the amendment of a decision dated 10 January 1963 in which the Prime Minister awarded him a global sumwhich he considers insufficientof 16, 124.37 francs, the equivalent of 806, 218.50 French Community francs, in execution of a judgment dated 1 July 1958 of the Tribunal de travail of French Guinea in favour of the plaintiff. He also asks for the French State to be ordered to pay him 50,000 francs as damages, under penalty for non-compliance of 1,000 francs per diem.
The decision of 10 January 1963 was taken for the purpose of completing the execution of a judgment of 1...
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