In the “seed potatoes case” (please see “Seed Potatoes Case / Note on Judgment” in Marval News # 3, December 2001) Marval, O’Farrell & Mairal had obtained a welcome victory for the United Kingdom Government before the Argentine Court of Appeal on the basis of jurisdictional immunity of foreign governments, which resolved that all procedural acts which took place from the moment the first instance judge decided to pursue the matter in the UK Government’s default onwards (including the first instance judgement) were null.
On December 6, 2005 the Argentine Supreme Court upheld the sentence of the Court of Appeal by ruling that the appeal by the importers against the sentence given out by the Court of Appeal be rejected. The Court file will therefore be sent back to a first instance judge so that the British Embassy can be correctly notified and thus enter a proper legal defence in these proceedings.
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