Information Note on the Court’s case-law 263

June 2022

Renouard v. France (communicated case) - 46911/21

Article 6

Civil proceedings

Article 6-1

Access to court

Foreign State’s jurisdictional immunity recognised in allegedly “commercial” dispute concerning public education: communicated

The applicant became involved in a dispute with the United Arab Emirates (UAE) concerning the payment of fees for his role as intermediary in a project to set up a French university.

The Court of Appeal recognised the UAE’s jurisdictional immunity on the grounds that: the dispute concerned the creation of an institution participating in public education; and the alleged risk of a denial of justice before the UAE courts could not be presumed. In 2021 the Court of Cassation dismissed the applicant’s appeal on points of law ( ECLI:FR:CCASS:2021:C100183 ).

The United Nations Convention on Jurisdictional immunities of States and Their Property (adopted in 2004) enshrines the principle that immunity may be waived in cases where the dispute concerns a “commercial transaction”, a concept based on a number of criteria.

The applicant asserts that his mission did not contain any aspects that fell outside the general law. He also found it excessive to be required to take his case to the UAE courts in order to prove their lack of impartiality.

Communicated under Article 6 § 1 of the Convention.

© Council of Europe/European Court of Human Rights This summary by the Registry does not bind the Court.

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