Supreme Court, R.J.V.D.B. v Imperial Tobacco Ltd. and Gallagher Ltd, Nr. 14.0414.N, 26 May 2015
In this case, the claimant seeks annulment of a judgment of the Antwerp Court of Appeal, inter alia on the basis of an alleged breach of Article 22(3) of the Vienna Convention on Diplomatic Relations (VCDR). In particular, the claimant argues that a vehicle of the Ivorian embassy in London with a British diplomatic license plate be immune from search and seizure in the context of a criminal investigation in Belgium. The Supreme Court recalls that Art. 22(3) VCDR regulates mutual obligations between the sending and receiving States. By contrast, neither Article 22(3) nor article 40 VCDR provide immunity from investigation or seizure of a means of transportation of a diplomatic mission that is not accredited in Belgium.