Forafrique Burkinabe SA v. Commission of the European Communities

Abstract

International organizations — Immunity — Immunity from attachment — Protocol on the Privileges and Immunities of the European Communities, Article 1 — Attachment order issued against Commission of the European Community by national court — Whether violating provisions of Protocol — Conditions for lifting the immunity of the European Community — Authorization by the Court of Justice of the European Communities or express waiver by the Community institution concerned — Whether time-limit laid down by national law for immunity to be invoked is applicable to Community institutions — Waiver of immunity

International organizations — European Community — Non-contractual liability — Development aid to third States — Whether Community capable of incurring liability by reason of lawful payment of funds to third States under aid programme — Alleged failure by third State to transfer the relevant funds intended for payment of debt owed to private company under public works contract — Whether company entitled to claim damages against Community for failing to prevent misappropriation of funds — EC Treaty, Article 215

Economics, trade and finance — Development aid — European Community — International agreements with third States — First Lomé Convention, 1975 — Provisions relating to financial and technical cooperation — Procedure for awarding public contracts for works and supplies — Conclusion of contracts by beneficiary State — Whether Community capable of incurring liability for non-payment of debts to contractors, by reason of payment of funds to the State concerned — The law of the European Community