Matter
Aéronautique et Technologies Embarquées (ATE) v Airbus Helicopters and Airbus Helicopters Deutschland GmbH (French Court of Cassation, First Civil Chamber, K 15-19.389)
- 30 October 2013France
30 October 2013France
Supervising Judge Order concerning Airbus Helicopters' claim dated 30 October 2013
Supervising Judge
- Decision summary
- The supervising judge stayed determination of Airbus Helicopters' claim in ATE's insolvency proceedings pending a final decision in the Paris Commercial Court responsibility proceedings.
1 month and 11 days later · 42 days
- 11 December 2013France
11 December 2013France
Supervising Judge Order concerning Airbus Helicopters Deutschland's claim dated 11 December 2013
Supervising Judge
- Decision summary
- The supervising judge declared itself incompetent to determine Airbus Helicopters Deutschland's claim in ATE's insolvency proceedings.
1 year and 4 days later · 369 days
- 15 December 2014France
15 December 2014France
Judgment of the Paris Commercial Court dated 15 December 2014
Paris Commercial Court
- Decision summary
- The court joined the two proceedings and declared itself incompetent in favour of the arbitral tribunal under the arbitration clauses in the three contracts.
1 month and 5 days later · 36 days
- 20 January 2015France
20 January 2015France
Judgment of the Paris Court of Appeal dated 20 January 2015
Paris Court of Appeal
- Decision summary
- The court reversed the supervising judge's order concerning Airbus Helicopters Deutschland's claim and stayed the matter until the competent jurisdiction for the liquidator's responsibility action was finally determined.
2 months and 18 days later · 77 days
- 7 April 2015France
7 April 2015France
Judgment of the Paris Court of Appeal, Division 1, Chamber 1, in case 15/00512 dated 7 April 2015
Paris Court of Appeal, Division 1, Chamber 1
- Decision summary
- The court rejected ATE's contredit, confirmed the Paris Commercial Court's decision that the contractual ICC arbitration clauses were not manifestly inapplicable to the liquidator's claim under Article L. 442-6 of the French Commercial Code, and ordered MJA to pay costs and EUR 5,000 to each Airbus defendant under Article 700 of the French Code of Civil Procedure.
Supporting details
2 authorities · 15 participantsSELAFA MJA, as liquidator of Aéronautique et Technologies Embarquées (ATE)
Aéronautique et Technologies Embarquées (ATE)
- Representative
- [J], liquidator of ATE (For: Aéronautique et Technologies Embarquées (ATE))
Airbus Helicopters
- Representative
- Luca De Maria (For: Airbus Helicopters)
- Representative
- Antoine Tchekhoff (For: Airbus Helicopters)
Airbus Helicopters Deutschland GmbH
- Representative
- Matthieu Boccon Gibod (For: Airbus Helicopters Deutschland GmbH)
- Representative
- Dominique Bordes (For: Airbus Helicopters Deutschland GmbH)
Paris Court of Appeal, Division 1, Chamber 1
Other
- Representative
- Frédéric Buret (For: SELAFA MJA, as liquidator of ATE)
- Representative
- Olivier Debeine (For: SELAFA MJA, as liquidator of ATE)
- Institutional administrator
- Pate
1 year, 3 months and 6 days later · 463 days
- 13 July 2016France
13 July 2016France
Judgment No. 885 FS-P+B of the French Court of Cassation, First Civil Chamber, in case K 15-19.389 dated 13 July 2016
French Court of Cassation, First Civil Chamber
- Citation
- Judgment No. 885 FS-P+B
- Decision summary
- The Court of Cassation rejected MJA's appeal and held that the alleged inability of ATE's liquidator to fund ICC arbitration did not make the arbitration clause manifestly inapplicable. It ordered MJA to bear costs and pay Airbus Helicopters and Airbus Helicopters Deutschland EUR 3,000 jointly under Article 700 of the French Code of Civil Procedure.
Supporting details
3 authorities · 20 participantsMJA, as liquidator of Aéronautique et Technologies Embarquées (ATE)
- Representative
- SCP Boré et Salve de Bruneton (For: MJA, as liquidator of Aéronautique et Technologies Embarquées (ATE))
Aéronautique et Technologies Embarquées (ATE)
Airbus Helicopters
- Representative
- SCP Richard (For: Airbus Helicopters · Airbus Helicopters Deutschland GmbH)
Airbus Helicopters Deutschland GmbH
- Representative
- SCP Richard (For: Airbus Helicopters · Airbus Helicopters Deutschland GmbH)
French Court of Cassation, First Civil Chamber
- Judge
- Batut
- Judge
- Hascher
- Judge
- Bignon
- Judge
- Matet
- Judge
- Reynis
- Judge
- Vigneau
- Judge
- Bozzi
- Judge
- Mansion
- Judge
- Roth
- Judge
- Mouty-Tardieu
- Judge
- Le Cotty
- Judge
- Gargoullaud
- Advocate General
- Bernard de la Gatinais
Other
- Institutional administrator
- Nguyen