Facts
The case concerns A., who carried out various activities on behalf of Joseph Désiré Mobutu Sese Seko, President of Zaire, from 1980 to 1986 and again from 1993. A. not having been paid for the period from September 1993 to March 1997, he asserted a claim of over 4 million francs against Mobutu and obtained two seizures, one movable and the other immovable, on the debtor's assets located in Savigny.
On 14 March 2001, the Investigating Judge of the Civil Court of the Vaud Cantonal Court recognized Mobutu's heirs as joint debtors of A. for a total amount of 2'351'133 fr. 70 and definitively lifted their opposition. This judgment became final on 5 July 2001.
On 15 December 2003, the Federal Council ordered a new freezing of the assets of the late Mobutu and his entourage for an initial period of three years. The Federal Department of Foreign Affairs (FDFA) then informed A. that this freezing also applied to the assets he claimed.
A. contested this decision and filed an administrative law appeal with the Federal Court, concluding that the freezing of 15 December 2003 was inapplicable to him as a creditor benefiting from a final and enforceable judgment.
Considerations
The Federal Court examined the admissibility of the administrative law appeal and considered that the FDFA's decision of 14 May 2004 constituted a decision within the meaning of Art. 5 APA, which could be challenged by way of administrative law appeal.
The Federal Court then examined whether the contested decision concerned civil law rights and obligations within the meaning of Art. 6 para. 1 ECHR and considered that A.'s claim was a dispute…