Décision judiciaire de Conseil d'Etat, 8 mars 1968 (cas Conseil d'Etat, du 8 mars 1968, 57414)
Date de Résolution | 8 mars 1968 |
Juridiction | Council of State (France) |
Nature | Décision |
REQUETE DE LA SOCIETE RIZERIES INDOCHINOISES ET MAISERIES INDOCHINOISES, TENDANT A L'ANNULATION D'UN JUGEMENT DU 19 DECEMBRE 1961 PAR LEQUEL LE TRIBUNAL ADMINISTRATIF DE PARIS A REJETE SA DEMANDE EN ANNULATION DE LA DECISION IMPLICITE DE REJET DU MINISTRE DES AFFAIRES ETRANGERES DE LA DEMANDE QU'ELLE LUI AVAIT ADRESSEE LE 28 AOUT 1957 EN VUE D'OBTENIR LE VERSEMENT PAR L'ETAT D'UNE INDEMNITE DE 139 000 000 F EN REPARATION DU PREJUDICE QU'ELLE A SUBI DU FAIT DE LA PERTE DES BIENS QU'ELLE POSSEDAIT AU NORD-VIETNAM ET QUI ETAIENT CONSTITUES PAR DES IMMEUBLES ET TERRAINS SIS A HAIPHONG ;
VU L'ORDONNANCE DU 31 JUILLET 1945 ET LE DECRET DU 30 SEPTEMBRE 1953 ;
CONSIDERANT QUE LE PREJUDICE DONT LA SOCIETE REQUERANTE DEMANDE A ETRE INDEMNISEE PAR L'ETAT, SUR LE FONDEMENT DE LA RUTURE DE L'EGALITE DES CHARGES PUBLIQUES, RESULTERAIT DES CONDITIONS DANS LESQUELLES LE GOUVERNEMENT FRANCAIS A ACCEPTE DE SIGNER LES ACCORDS DE GENEVE DU 20 JUILLET 1954 SUR L'INDOCHINE ; QUE LA DECISION QUI SERAIT LE FAIT GENERATEUR DU PREJUDICE INVOQUE A ETE PRISE PAR LE GOUVERNEMENT DANS L'EXERCICE DE SES POUVOIRS DANS LES RELATIONS...
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