Kandyrine de Brito Paiva (Imperial Russian Bonds)

No. 303678, 28 Revue Française de Droit Administratif 17, 106 Am. J. Int’l L. 341 (2011)

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Kandyrine de Brito Paiva (Imperial Russian Bonds)

France Council of State
No. 303678, 28 Revue Française de Droit Administratif 17, 106 Am. J. Int’l L. 341 (2011)

Facts

Imperial Russia issued development bonds reflecting loans from French nationals to Russia. The uncle of Eduardo José Kandyrine de Brito Paiva (plaintiff) obtained some of the bonds, which Paiva later inherited. Paiva was a Portuguese national, and his uncle was a French citizen. Following the Russian Revolution, the Soviet Union annulled the bonds without recourse to the bondholders. After years of negotiations, France (defendant) reached a settlement treaty with Russia that called for Russia to remit payment to France for the bonds and France to administer the funds for claims by its citizens. The settlement and the administration process did not include non-French citizens. Paiva sued France before the Conseil d’Etat (the Council of State, France’s highest administrative court), claiming that the settlement treaty discriminated against non-French nationals such as Paiva in violation of the European Convention for the Protection of Human Rights and Fundamental Freedoms (the convention). Both Russia and France were parties to the convention.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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