Suspension of the Export Certificate for One of Blaise Pascal’s “Pascaline” Calculating Machines

Article published on November 19, 2025

The Paris Administrative Court, ruling in summary proceedings, decided on 18 November 2025 to suspend the export licence for one of the eight known examples of the Pascaline, considered to be the first functional calculating machine in the history of humanity. The suspension was granted at the request of several associations and private individuals. The export certificate issued by the Ministry of Culture is therefore temporarily suspended.

However, the Court did not in any way prohibit or suspend the public auction organised by Christie’s France. The sale could have proceeded, provided only that the calculating machine remained on French territory pending the ruling on the merits by the Paris Administrative Court—proceedings that will undoubtedly be initiated by the associations mobilised over the past few weeks. The withdrawal of the Pascaline—previously listed as lot #74 with an estimate of between €2 million and €3 million—thus results solely from the joint decision of the auction house and its consignors, the heirs of Léon Parcé, who acquired the calculating machine in 1942.

A suspension based on questionable grounds
In its decision of 18 November 2025, the summary judge found that the Pascaline holds major significance for French heritage because of its “historical and scientific value.” However, the provisions of the French Heritage Code, and in particular Article L. 111-1, define a national treasure not yet part of the State’s movable heritage according to different criteria—namely, the existence of “major interest for national heritage from the standpoint of history, art, archaeology or knowledge of the French language and regional languages.” The French legislature does not use the terms “value” or “scientific value” but instead relies exclusively on the notion of “major interest for national heritage.”
To suspend the export certificate—an administrative requirement for the definitive export of the Pascaline insofar as it is not classified as a national treasure—the summary judge held that the legality of the Ministry of Culture’s decision was subject to “serious doubt.” This doubt was justified on two levels. First, with regard to the alleged “historical and scientific value,” a criterion that is in fact debatable. Second, with regard to the “insufficient nature of the expertise” carried out by two curators, one from the Louvre Museum and the other from the Conservatoire numérique des Arts et Métiers (CNAM), an expertise that led to the issuance of the export certificate. Until now, no one could have imagined a summary judge presenting himself as more expert than two curators specialising in the field.

What next?
Those opposing the auction of this example of the Pascaline must now bring proceedings before the Paris Administrative Court on the merits so that it may rule on whether or not the object qualifies as a national treasure. Established case law in this area is more conducive to the Administrative Court confirming the assessment made by the National Treasures Advisory Commission, whose conclusions are subsequently adopted by the administration and the Ministry. Nevertheless, the usual litigation pattern in such matters concerns judicial challenges to refusals to issue export certificates and, consequently, classifications of objects as national treasures. The present case is rather unprecedented.
If the decision to issue the export certificate were annulled, the calculating machine would be classified as a “national treasure,” triggering a thirty-month period during which the French State could make a purchase offer based on the object’s value on the international market. However, the State is under no obligation to make such an offer. If it does not, a new export certificate would have to be issued automatically once the thirty-month period expires.
Conversely, if the decision to issue the export certificate were upheld, the calculating machine would again be free to circulate on the international market and could be acquired by a foreign institution in particular. The only remaining option available to the State would be to classify or register the object as a historic monument. This solution is, however, particularly delicate—and likely inappropriate—since the State would be required to pay substantial compensation to the current owners without actually acquiring ownership of the Pascaline.

A recent study highlights that “an average of 8.6 objects have been classified annually over the past thirty years,” between 1993 and the end of 2022—amounting to 257 objects for which an export certificate was initially refused. An even more telling figure is that, among these classifications, “65 objects were eventually released back onto the art market.” A refusal to issue an export certificate therefore does not necessarily result in a purchase offer by the State, as illustrated by the well-known case of Judith and Holofernes attributed to Caravaggio, nor even in a State acquisition. At a time of significant constraints on public finances, it is far from certain that the Pascaline will remain on French territory—let alone enter public collections.

Article written by Maître Alexis Fournol,
Attorney at the Paris Bar and Partner of the Firm.

As part of its practice dedicated to art law and art market law, the Firm assists its clients—including dealers and auctioneers—facing issues relating to the circulation of cultural property (national treasure classification, historic monument listing, issuance of export certificates or licences, etc.) or any action for recovery of cultural property brought by a foreign State, the French State, or private individuals.
As Attorneys specialising in art law and art market law, we also represent clients in contract law, liability law, public auction law, and cultural heritage law, both in Paris and throughout France and Belgium (Brussels).