Re Tallagrand
| Jurisdiction | France |
| Date | 09 juillet 1965 |
| Court | Administrative Tribunal (France) |
Treaties Conclusion and operation of Ratification Treaties involving status of territory Constitutional requirement requiring ratification by referendum French Constitution of 1958 (Article 3) Algeria Evian Agreements Whether duly ratified The law of France.
Treaties Conclusion and operation of Operation and enforcement of Necessity for municipal legislation French Constitution of 1958 (Article 3) Evian Agreements Incorporation into French law by referendum Provision for establishment of Court of Guarantees Failure of Algerian Government to establish Court Expropriation of French nationals Whether French State liable to pay compensation The law of France.
Summary.Tallagrand, a French national, sought compensation from the French State in respect of expropriation of his property in Algeria, on the ground that no Court of Guarantees had been established as was provided for in the Evian Agreements.
Held: (1) that the Evian Agreements had acquired legislative force by virtue of the referendum of 1962. (2) After recognition by France of the Algerian State on 3 July 1962, the Court of Guarantees provided for in those Agreements, being an internal Algerian tribunal, could only be established by the Algerian Government. (3) The issue as to whether the responsibility of the French State was engaged on account of the fact that it did not take measures to secure the establishment of the Court of Guarantees related to the exercise of the power of the Government in international relations, and could not be brought before the administrative jurisdiction.
The following is the text of the judgment:
This is a petition by M. Gilbert Tallagrand, acting both under his own name and in the capacity of director of the company Cours modernethe corporate seat of which was at Algiers until the date when its property was expropriated and fell within the Algerian public domainfor annulment of the implicit decision of the Under-Secretary of State to the Prime Minister entrusted with Algerian Affairs dismissing the claim made by the plaintiff on 27 June 1963 for compensation at the market value of the expropriated property. The plaintiff also asks that the State be ordered to pay him the sum of 700,000 francs in compensation for the loss suffered, and for legal interest.
The following have been considered: the Loi rfrendaire of 13 April 1962; the governmental declarations of 19 March 1962; the Law of 22 July 1889; the Decrees...
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