ECLI:NL:RBAMS:2016:9100
ECLI:NL:RBAMS:2016:9100
AI generated
Court dismisses seizure of Iraqi state funds as violating international law and public purpose.
Netherlands (NL)
Legislator summary
AI generatedThe court lifted executorial third-party seizures placed on Iraqi entities by Instrubel N.V. and awarded the State's request to lift them. Instrubel argued that funds flowing from oil production contracts had a private commercial destination, but the court found insufficient evidence to prove this. Consequently, the court ruled that the seizures violated the State's international law obligations regarding public funds.
Legislator headnote
AI generatedArticles 3a lid 7 Gdw; Article 438 lid 4 Rv: Seizures of funds destined for public purposes by a state party violate international law obligations and must be lifted upon notification.
Keywords
AI generated
executorial third-party seizure
public purpose of funds
international law obligations
oil production contracts
state immunity enforcement
Cited Legislation
AI generatedArticle 3a lid 7 Gdw
Article 438 lid 4 Rv
artikel 438 lid 4 Rv
artikel 3:276 Burgerlijk Wetboek
artikel 436 Rv
Related Decisions
AI generatedECLI:NL:RBAMS:2014:6028
Court allows seizure of mixed funds against Iraq State as half proven non-public, pending final immunity ruling.
ECLI:NL:RBAMS:2015:5274
Court allows seizure of Iraqi state assets pending immunity ruling in enforcement proceedings.
ECLI:NL:RBDHA:2021:534
Court lifts seizure on state assets due to lack of proof funds are for private use.
ECLI:NL:RBROT:2013:6586
Court dismisses Iraqi claims that creditor misuses enforcement rights due to Iraq's sovereign debt restructuring efforts.
ECLI:NL:RBDHA:2020:6109
Court dismisses enforcement of foreign arbitral award against state due to lack of explicit consent to execution immunity waiver.