Matter
AFAQ v TUV Zertifizierungsgemeinschaft EV, TUV Suddeutschland Holding AG and TUV Management Service GMGH
- 17 October 2001France
17 October 2001France
Judgment of the Paris Court of Appeal dated 17 October 2001
Paris Court of Appeal
- Decision summary
- The Paris Court of Appeal held the Paris Regional Court competent to hear AFAQ's unfair-competition dispute against the German certification bodies, reasoning that the dispute concerned the conditions in which the bodies issued certificates rather than their accreditation by the German state body.
Supporting details
4 participantsAssociation française pour la certification par tierce partie des systèmes d'assurance de qualité des entreprises (AFAQ)
TUV Zertifizierungsgemeinschaft EV
TUV Suddeutschland Holding AG
TUV Management Service GMGH
Paris Court of Appeal
3 years and 30 days later · 1126 days
- 16 November 2004France
16 November 2004France
Judgment of the French Court of Cassation, First Civil Chamber dated 16 November 2004
French Court of Cassation, First Civil Chamber
- Decision summary
- The Court of Cassation quashed in full the Paris Court of Appeal judgment of 17 October 2001 because the court had not established that the arbitration agreement was manifestly null or inapplicable, which alone could defeat the arbitrator's priority to rule on its own jurisdiction, including the existence, validity, and scope of the arbitration agreement. The case and parties were remitted to the differently composed Paris Court of Appeal; AFAQ was ordered to pay costs and its request under Article 700 of the French new Code of Civil Procedure was rejected.
Supporting details
1 authority · 4 participantsAssociation française pour la certification par tierce partie des systèmes d'assurance de qualité des entreprises (AFAQ)
TUV Zertifizierungsgemeinschaft EV
TUV Suddeutschland Holding AG
TUV Management Service GMGH
French Court of Cassation, First Civil Chamber