Barcelona Traction, Light and Power Company - The Belgian Government files an Application instituting new proceedings concerning the dispute between the Belgian Government and the Spanish Government

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1.c.~. Communiqué No. 62/17
(unof f ic ial)

The follo~ving information from the Registry of the International
Court of Justice is communicoted to the press:

On 19 June 1962, the Belgian government caused to be hnded to the
Registrar cf the International Court of Justice an Application
instituting nevi proceedings before the Court concerning the dispute
betv~sen the BeLyian government and the Spanish +<overnment on the
subject of the Barcelona Traction, Light rl:Poxer Company, Ltd.

This claim, the sub ject of v~hich is reparation for the damage
caused to a number of Belgian subjects by the conduct of various

organs of the Spariish State with regard to the aforementioned
Company, had been the subject of earlier proceedings brought before-
the Court by an Application of 15 September 1958. In those
proceedings the Spnnish government had, on 21 hiay 1960, filed
preliminqry objections to the jurisdiction of the Court. The
possibility of nezotiation having subsequently arisen, and those
concerned having intimated thnt they did not wish to negotiate
while the proceedings continued before the Court, the Belgian
government gave notice of discontinuance. This discontinuance
a having been accepted on 5 April 1961, the Court officially recorded
it and, by an Order of 10 April 1961, directed the removal of the

case from the list. The negotintions having failed, however, the
Belgi,m government h~s ins tituted before the Court the new proceedings
mhich are the subject of the Application of 19 June 1962.
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To found the jurisdiction of the Court
the Application relics on
Article 17 of the Trsqty of Conciliation, Judicial Settlement and
Arbitration between Bclgium and Spain signed on 19 July 1927, under
nhich disputes bctween the Parties may, in czrtein circumstances, be
submitted to the Permanent Court of 1nternc.tiona.l Justice, and on
Article 37 of the St:>.tute of the International Court of Justice under
vrhich vihen treaty nr convention in force provides for reference
of a matter to the Permanent Court of International Justice, it
shnl.1 be referred to the International Court of Justice. The
Belgian government asks the Court to adjiidge and declare that the
Spnnish State is under Rn obligation tomnrds Bc:lgium to make
repamtion for the damage caused by the conduct of its organs to the

Belgian subjects who are shnreholders of Bsrcelona Trnction; to
adjudge and declare that such reparation must so fnr as possible
obliterate al1 the consequences for Belgisn subjects of the acts
contrnry to t11c Inn of Nn?tions coirmitted by the organs of the
Spanish Stnte 2nd to determine in addition the compensntion to be
~aid by the Spanish State to the Belgian Stste by renson of al1
further da.mage çuffered by Belginn sub jects; 2nd to ad judge and
declare that in the event of obliteratian of the consequences of the
acts complained of proving impossible, the Spanish State shall be
under an oblig:.tion to pay %O the Belgian State compensation
amounting to 88 per cent. of the net value of the business on
12 February 1948, increased by an nmount corresponding to al1 the

further damage suffered by Belgian subjects as a result of the
acts complained of.

The Hague, 21 June 1962.