Arbitral Digest

Matter

Acqua nova v D... Z..., Lalla Y... Z... and Corse Multi Travaux Nicolai (French Court of Cassation, X 16-21.037)

  1. 30 July 2014France

    30 July 2014France

    Judgment of the Bastia Court of Appeal, Civil Chamber B, dated 30 July 2014

    Bastia Court of Appeal, Civil Chamber B

    Decision summary
    The Bastia Court of Appeal confirmed Acqua nova's obligation to pay Corse Multi Travaux Nicolai €27,000 for the unpaid subcontractor invoice. It held the French courts territorially incompetent over Acqua nova's forced intervention against D... Z... and Lalla Y... Z..., treating those claims as an international dispute insufficiently connected with the original action; the defendants' mixed counterclaim was to follow the principal claim.

    Supporting details

    2 authorities · 4 participants
    Acqua nova
    D... Z...
    Lalla Y... Z...
    Corse Multi Travaux Nicolai
    Bastia Court of Appeal, Civil Chamber B

    Authorities cited

    2
    • French Code of Civil Procedure, Article 333
      statute
    • French Code of Civil Procedure, Article 700
      statute

    3 years, 1 month and 8 days later · 1135 days

  2. 7 September 2017France

    7 September 2017France

    Decision of the Court of Cassation, Second Civil Chamber, in the case X 16-21.037 dated 7 September 2017

    Court of Cassation, Second Civil Chamber

    Case no.
    X 16-21.037
    Citation
    Decision No. 10588 F
    Decision summary
    The Court of Cassation rejected Acqua nova's appeal from the Bastia Court of Appeal's decision concerning the unpaid €27,000 subcontractor invoice and Acqua nova's claims against D... Z... and Lalla Y... Z.... It held that the ground of cassation was not manifestly capable of leading to quashing, ordered Acqua nova to pay the costs, rejected its claim under Article 700 of the French Code of Civil Procedure, and ordered it to pay the Z. defendants €3,000 under that provision.

    Supporting details

    5 authorities · 11 participants
    Acqua nova
    Representative
    SCP Fabiani, Luc-Thaler et Pinatel (For: Acqua nova)
    D... Z...
    Representative
    SCP Bénabent et Jéhannin (For: D... Z... · Lalla Y... Z...)
    Lalla Y... Z...
    Representative
    SCP Bénabent et Jéhannin (For: D... Z... · Lalla Y... Z...)
    Corse Multi Travaux Nicolai
    Court of Cassation, Second Civil Chamber
    Judge
    X...
    Judge
    A...
    Advocate General
    B...
    Other
    Institutional administrator
    Parchemal

    Authorities cited

    5
    • French Code of Civil Procedure, Article 1014
      statute
    • French Code of Civil Procedure, Article 700
      statute
    • French Code of Civil Procedure, Articles 325 and 331
      statute
    • French Code of Civil Procedure, Article 333
      statute
    • French Civil Code, Article 14
      statute
  3. Date not availableFrance

    Date not availableFrance

    Judgment of the Ajaccio Commercial Court in the Acqua nova dispute

    Ajaccio Commercial Court

    Decision summary
    The Ajaccio Commercial Court condemned Acqua nova to pay Corse Multi Travaux Nicolai €27,000 for the unpaid invoice for its subcontracted supply and installation of joinery and electric roller shutters on the construction project.

    Supporting details

    2 participants
    Acqua nova
    Corse Multi Travaux Nicolai
    Ajaccio Commercial Court

Matter record

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Acqua nova v D... Z..., Lalla Y... Z... and Corse Multi Travaux Nicolai (French Court of Cassation, X 16-21.037) · Matter