Following the exequatur of two awards, Commisimpex company proceeded to two levies of attachment against Republic of Congo and one of its emanations. The State previously committed itself to waive its immunity for jurisdiction and execution. Trial judges dismissed Congo’s application to set aside the attachment, stating that customary international law only required an express waiver of immunity for execution.

The Cour de cassation annulled the trial judges’ decisions stating that the foreign States immunity for execution provisions of Sapin II Act request an express and specific waiver. Besides, for the purpose of coherence and legal certainty, this act had to apply, even if the facts were prior to its entry into force.