By an ICC award, Republic of the Congo was ordered to pay a certain amount of money to Commisimpex. The latter attached the assets of the Republic of the Congo and its subdivisions in BMCE’s hands. PAPN summoned Commisimpex in order to vacate the attachment. On its side, Commisimpex requested a compulsory joinder of BMCE in order to obtain evidence from BMCE, proving that PAPN is an emanation of Congo State.
The enforcement judge of the High Court of Paris annulled and vacated the attachment.
Further, he held that Commisimpex did not prove that PAPN was an emanation of Congo State. The Court of Appeal confirmed the decision.