Russian Federation v Godeau Finances

Supreme Court, Russian Federation v Godeau Finances, Nr. C.18.0282.F/1, 6 December 2019

The Supreme Court addresses a case by the Brussels Court of Appeal between a Belgian Real Estate company and the Russian Federation. The company sought compensation after the Russian Federation renounced the acquisition of a set of real estate properties intended for the housing of personnel of its Permanent Mission to the EU.

The Supreme Court confirms that State immunity from jurisdiction is a rule of customary international law which only applies to acts performed in the exercise of public authority (‘acta jure imperii’) and not to ‘acta jure gestionis’. In order to determine whether an act is done in the exercise of a State’s public authority, the nature of the act and the capacity in which the State has intervened, and the context in which the act was performed must be taken into account.

The Supreme Court finds that, by relying exclusively on the nature or form of the acts of the Russian Federation’s Permanent Mission to the EU in order to determine that they constituted acta jure gestionis, without examining the quality in which the applicant intervened having regard to the context in which the acts were undertaken, the Court of Appeal infringed customary international law. Consequently, the judgement is annulled.


B.A.R. Belgium, NV Sabena and Deutsche Lufthansa AG v Municipality of Zaventem

Council of State, B.A.R. Belgium, NV Sabena and Deutsche Lufthansa AG v Municipality of Zaventem; Belgian State v Municipality of Zaventem. Judgment Nr. 144.081, 3 May 2005

Article 15 of the 1944 Chicago Convention on Civil Aviation – which was duly ratified by Belgium and published in the Official Gazette – stipulates that ‘[n]o fees, dues or other charges shall be imposed by any contracting State in respect solely of the right of transit over or entry into or exit from its territory of any aircraft of a contracting State or persons or property thereon’. According to the Council of State, it is clear from the language and intention of the States Parties that this provision is self-executing. Accordingly, the applicants can succesfully invoke the provision to annull a decree of the municipality of Zaventem introducing a tax on airlines flying to and from Brussels international airport.