Société Rozendaal v France

JurisdictionFrance
Docket NumberCase No. 154
Date04 janvier 1930
CourtRegional Court (France)
France, Tribunal of the North (Section de Lille).
Case No. 154
Société Rozendaal
and
French State.

Aliens — Treatment of — Right to War Indemnity on the Same Footing as Nationals — Unincorporated Associations.

Nationality — Unincorporated Associations with Alien Membership — Société en nom collectif — Assimilation to Partnership — Whether Entitled to Full Rights Granted to Similar Firms where Members are Nationals — War Claims — Absence of Treaty Provisions.

The Facts.—The firm (société en nom collectif—unlimited liability company) of J.J. Rozendaal, founded in Lille (France) in 1960, was constituted in accordance with French law. Its head office and works (siège social and siège d' exploitation) were near by. Its members, four in number, were Dutch nationals. The Law of 17 April, 1919, awarded compensation to French citizens who had suffered war damage.

In 1928 the firm applied to the Northern War Damage Commission, which awarded an indemnity subject to the establishment of the French nationality of the firm. The firm then appealed successfully to the Tribunal des Dommages de guerre on the question of the amount of the indemnity. On further appeal,

Held: that it was a French firm, but that the amount of the indemnity must be reduced. The Law of 1919 was in the nature of special war legislation. The right to compensation for war damage was “a social right essentially new and foreign to the principles of the civil law … based on the solidarity of the French before the onslaught of the War” and should, accordingly, be reserved in principle to French citizens. It was only extended to foreigners subject to certain conditions to be determined by...

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