The Republic of Albania is one of 41 members of EUROCONTROL, the European body which is responsible for collecting fares paid by airlines for flights over different territories. These fees are then distributed to the countries in the body, including the Republic of Albania, and are used to manage the traffic control and ensure safety in the skies.
In a judgment dated October 17, 2024, the Seizure Judge of the French-speaking Court of First Instance of Brussels confirmed that the award should be enforced immediately and ruled that Eurocontrol, holding funds for the Republic of Albania, has a legal obligation to transfer the frozen funds to Becchetti’s bailiff. The court further ruled that any related appeals would not have a suspensive effect on the judgment. Becchetti’s ultimate goal is now to seize the royalties that Eurocontrol owes the Republic of Albania.
Becchetti’s lawsuit for the confiscation of Albania’s assets is tied to Eurocontrol
The impropriety in the case stems from the decision to disregard the emergence of new evidence revealing significant corruption in ICSID arbitral process that call into question the legitimacy of the arbitration award.
The evidence presented in various submissions to Belgium’s judicial system shows that:
- Becchetti orchestrated premeditated fraud schemes to manipulate arbitration outcomes. This is allegedly done through connections and corrupt practices, enabling him to unfairly influence decisions in his favour.
- In the ICSID case against the Republic of Albania Becchetti personally spoke with his appointed arbitrator and secured his agreement to rule in his favour in the proceedings.
- In another arbitration case Becchetti manipulated the arbitration results through corrupt relations and influence over the nomination process of the president.
- Becchetti’s counsel in the ICSID case maintained a close personal relationship with the chairman of the arbitral tribunal, further compromising the integrity of the arbitration proceedings.
- The expert used by Becchetti in the ICSID case, who provided the expert opinion that formed the basis for the over 100M Euros award to Becchetti, explicitly admitted that he lied to the arbitral tribunal, thereby confirming that no actual damage was caused to Becchetti.
Although the Belgian part of the legal dispute has been ongoing for 4 years, the court has dismissed the newly submitted evidence without hearing the deposition or even analyzing the materials., citing “bureaucratic” grounds while insisting on the continued enforcement of the ICSID award, in spite of the award’s quantum being over 100M Euros.
This avoidance has raised serious concerns about the perceived fairness of Belgium’s justice system, and how the place of the EU’s parliament refers to appeals by a Candidate Country, seeking accession to the union.
The weight of the evidence requires a more thorough investigation into the circumstances under which the claims were dismissed. The proceedings were unusually rapid, with attachment judges enforcing actions shortly after the rejection of appeals, all the while the litigation was long and tedious. There was also an unusual change of judges midway through the process, alongside claims of apparent conflicts of interest between judges and lawyers.
Pending appeals – Why the rush?
The urgency and hastiness with which the decision in Belgium was made are concerning especially given the circumstances surrounding the pending appeals related to the Belgian court’s ruling and ICSID award.
These appeals are compounded by serious criminal allegations
On October, 2024, the Republic of Albania has initiated annulment actions with the Paris Court of Appeal and submitted a revision application to review the ICSID Award. In addition, the Republic has a long standing case before the Supreme Court of Belgium to prove these funds cannot be seized as they are important for the safety of the nation and the other 41 countries part of Eurocontrol. This is due in only a few months, questions arise what is the urgency to hand out the money now to Bechetti, when it is frozen anyway?
There is no doubt that delaying the enforcement of the ruling until all legal proceedings and appeals against Becchetti are exhausted is essential. The risk of irreversible harm to the Republic of Albania, specifically the loss of over 100M Euros from the country’s aviation security funds, is greater than the immediate enforcement of the ruling. A thorough examination of the appeals should be prioritized, especially given the serious corruption allegations against Becchetti.
This conjunction of circumstances and actions by the Belgium’s judicial system also raises questions about its intentions and integrity, as the disregard of evidence was said to misalign with the principles of transparency and accountability in legal proceedings in the EU.
The mechanisms put in place by the legislator to investigate similar cases where suspicions of misconduct in the court system are raised include powerful organs such as the Federal Public Service Justice that could address the handling of evidence and procedural fairness or the Ombudsman for Justice (Médiateur fédéral) that investigates complaints regarding the judicial system and could investigate the treatment of the evidence.