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“ACSYNGO” and Others v. Compagnie de Saint-Gobain (France) SA and Others

Belgium.  12 August 1982 ; 14 October 1986 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

Expropriation — Compensation — For lawful nationalization — Property of nationals of expropriating State — Payment of just and adequate compensation — Valuation of expropriated property — Assets of companies — Valuation based on average price of shares during reference period — Discrimination — Measures directed against particular companies — Requirement of equality of treatment — Public interest — Requirement that taking of property be necessary in the public interest

Expropriation — Extraterritorial effect — Nationalization of companies with their seat within the territory of nationalizing State — Effect on assets situated abroad — Indirect nationalization of foreign subsidiary — Separation of rights of shareholders from assets of company

Jurisdiction — Extraterritorial — Expropriatory legislation — Expropriation of shares in company — Effect on subsidiary owned by company in another State

Relationship of international law and municipal law — Recognition and effect of foreign laws — Public laws — Legislation providing for expropriation of shares in company — Circumstances in which legislation would be recognized by courts of another State — The law of Belgium

Type
Case Report
Copyright
© Cambridge University Press 1990

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