African Development Bank v. M.A. Degboe

The dispute concerned a staff member recruited by the African Development Bank (AfDB) in 1992 and dismissed by letter of the Bank’s President in November 1995. The former employee brought an action before the French courts seeking payment of various indemnities and allowances. The Bank invoked the jurisdictional immunity granted to it under Article 52 of the 1963 Khartoum Agreement establishing the African Development Bank, arguing that the applicant could not rely on the European Convention on Human Rights (ECHR), as the Bank operated in Africa and did not fall under the jurisdiction of any Contracting State at the relevant time.

The Paris Court of Appeal rejected the AfDB’s immunity plea, holding that the absence of any internal tribunal competent to hear employment disputes within the organization prevented the applicant from exercising his right of access to a court. The AfDB appealed in cassation, claiming that the Court of Appeal had exceeded its powers by relying on principles derived from Article 6(1) ECHR to disregard the treaty-based immunity.

The Supreme Court (Cour de cassation) dismissed the appeal. It confirmed that the Bank could not claim immunity in a dispute with a former employee when, at the time of the events, no internal judicial mechanism existed to adjudicate such claims. The lack of any accessible judge within the organization amounted to a denial of justice contrary to international public order, and the applicant’s French nationality provided a sufficient link with France to justify the jurisdiction of French courts. The Cour de cassation held that the Court of Appeal had correctly applied these principles and that the AfDB’s immunity could not be upheld in these circumstances.