December 22, 2009
Belgium said on Tuesday it would take Switzerland to the World Court in The Hague as it seeks damages over a dispute regarding the bankruptcy of Belgian airline Sabena.
Sabena was declared bankrupt in 2001 after shareholder Swissair, which went bankrupt later that same year, withdrew a capital injection.
Sabena shareholders, including the Belgian State, sued Swissair -- which was renamed SAirGroup -- and subsidiary SAirLines in a Belgian court.
They are seeking damages to compensate for "the lost investments and for the expenses incurred as a result of the defaults by the Swiss shareholders," Belgium said.
The Court of Appeal in Brussels will handle that case next year.
In the meantime, various Swiss courts, including the Federal Supreme Court, are handling cases related to the Sabena bankruptcy and Swiss judges have refused to recognise future Belgian decisions on the possible civil liability of the Swiss shareholders, Belgium said.
The Swiss courts also declined to suspend their cases pending the outcome of the Belgian proceedings.
"These refusals violate various provisions of the Lugano Convention and the rules of general international law that govern the exercise of state authority, in particular in the judicial domain," Belgium said in its application.
Belgium said it wants the International Court of Justice (ICJ) to force Switzerland to recognise the future Belgian decisions or to stay proceedings in Switzerland pending the outcome of the Belgian cases.
(Reuters)
Belgium said on Tuesday it would take Switzerland to the World Court in The Hague as it seeks damages over a dispute regarding the bankruptcy of Belgian airline Sabena.
Sabena was declared bankrupt in 2001 after shareholder Swissair, which went bankrupt later that same year, withdrew a capital injection.
Sabena shareholders, including the Belgian State, sued Swissair -- which was renamed SAirGroup -- and subsidiary SAirLines in a Belgian court.
They are seeking damages to compensate for "the lost investments and for the expenses incurred as a result of the defaults by the Swiss shareholders," Belgium said.
The Court of Appeal in Brussels will handle that case next year.
In the meantime, various Swiss courts, including the Federal Supreme Court, are handling cases related to the Sabena bankruptcy and Swiss judges have refused to recognise future Belgian decisions on the possible civil liability of the Swiss shareholders, Belgium said.
The Swiss courts also declined to suspend their cases pending the outcome of the Belgian proceedings.
"These refusals violate various provisions of the Lugano Convention and the rules of general international law that govern the exercise of state authority, in particular in the judicial domain," Belgium said in its application.
Belgium said it wants the International Court of Justice (ICJ) to force Switzerland to recognise the future Belgian decisions or to stay proceedings in Switzerland pending the outcome of the Belgian cases.
(Reuters)