The European Union & Anor v The Syrian Arab Republic

The European Union & Anor v The Syrian Arab Republic

The claimants are entitled to summary judgment as the defendant was properly served, has no real prospect of defending the claim, is not entitled to sovereign immunity, and cannot rely on sanctions as a defence without proving impossibility of obtaining a derogation. The EU is subrogated to the EIB's rights under...

Source-derived case information.

Parties
Claimant: The European Union (represented by the European Investment Bank); Claimant: The European Investment Bank; Defendant: The Syrian Arab Republic
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Commercial Claim for Recovery of Sums Due Under Loan Agreements and Guarantees / Summary Judgment Application
Outcome
Summary judgment granted for the claimants
Legal Topics
Loan Agreements, Sovereign Immunity, Summary Judgment, Sanctions, Jurisdiction, Service Out of Jurisdiction, Subrogation
Commercial Law Banking and Finance Law International Law Loan Agreements Sovereign Immunity Summary Judgment Sanctions Jurisdiction +2 more

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Parties

The European Union (represented by the European Investment Bank)

Claimant

The European Investment Bank

Claimant

The Syrian Arab Republic

Defendant

Procedural Posture

Commercial Claim for Recovery of Sums Due Under Loan Agreements and Guarantees / Summary Judgment Application

Legal Issues

  1. 1 Whether service on the defendant was valid and should be retrospectively validated
  2. 2 Whether the claimants are entitled to summary judgment for sums due under loan agreements and guarantees
  3. 3 Whether the defendant is entitled to sovereign immunity

Ratio Decidendi

The claimants are entitled to summary judgment as the defendant was properly served, has no real prospect of defending the claim, is not entitled to sovereign immunity, and cannot rely on sanctions as a defence without proving impossibility of obtaining a derogation. The EU is subrogated to the EIB's rights under Belgian law and entitled to recover the sums paid under the guarantees.

Court Disposition

Summary judgment granted for the claimants

Orders

  • Service of the application and supporting documents on the defendant by alternative methods is retrospectively validated
  • Permission granted to apply for summary judgment