THE STRATEGY

The garage owner exercises what is commonly called the right of retention, enshrined in the Belgian law of obligations, which outlines the right to retain the property that has been handed over to him by his debtor, as long as the latter has not paid the claim relating to this property.

However, under article 30 of the 1961 Vienna Convention on Diplomatic Relations, the property of diplomats is inviolable.

Therefore, according to this provision:

“1. The private residence of the diplomatic agent enjoys the same inviolability and the same protection as the premises of the mission

2. His documents, correspondence and, subject to article 31, paragraph 3, his property shall also enjoy inviolability.”

Finally, Article 31 of the Vienna Convention provides that:

“No execution measure may be taken with regard to the diplomatic agent, except in the cases provided for in subparagraphs (a), (b) and (c) of paragraph 1, and provided that the execution can take place without the inviolability of his person or of his home.”

Subject to three exceptions, non-applicable in the case at stake, all the property of a diplomat, therefore, enjoys inviolability regardless of whether it is used for public or private purposes.

This principle of international law is legally superior to the right of retention organized by the Civil Code notwithstanding the requirement of Article 41 of the Vienna Convention which provides, of course, that “(-) all persons who benefit from these privileges and immunities have a duty to respect the laws and regulations of the receiving State”, but specifies, from the outset, that such an obligation is incumbent on them “without prejudice to their privileges and immunities”.

Given the garage owner’s categorical refusal to return the vehicle, we, therefore, advise the Ambassador to summon the garage owner to the Brussels Court of First Instance in order to obtain its return, under penalty of being ordered to pay a lump sum per day of delay.