Matter

Ajilex v Bank Tejarat Iran

19 October 2021France
19 October 2021France
Judgment of the Paris Court of Appeal dated 19 October 2021
Paris Court of Appeal
Decision summary
The Paris Court of Appeal ordered Ajilex to pay Bank Tejarat Iran €1,508,635 in compensation for loss arising from the late notification of Bank Tejarat Iran's challenge to the conversion of a conservatory seizure into an attachment of funds.
Mentioned in judgment
1 year, 5 months and 3 days later · 519 days
22 March 2023France
22 March 2023France
Judgment of the Court of Cassation, First Civil Chamber, in case Y 21-25.336 dated 22 March 2023
Court of Cassation, First Civil Chamber
Case no.
Y 21-25.336
Decision summary
The Court of Cassation dismissed Ajilex's appeal. It held that the suspension of the Italian judgment's provisional enforcement removed the legal basis for recognition of that judgment in France and that Bank Tejarat Iran had lost a real and serious chance of obtaining release of the seized funds, causing current and certain loss. Ajilex was ordered to pay the costs and €3,000 to Bank Tejarat Iran under Article 700 of the French Code of Civil Procedure.
Supporting details
7 authorities · 7 participants
Ajilex
Representative
SCP Duhamel-Rameix-Gury-Maitre (For: Ajilex)
Bank Tejarat Iran
Representative
SCP Foussard et Froger (For: Bank Tejarat Iran)
Court of Cassation, First Civil Chamber
Judge
Mme Guihal
Judge
M. Ancel
Judge
M. Hascher
Authorities cited
7
- Council Regulation (EC) No 44/2001 of 22 December 2000 (Brussels I Regulation) (Council Regulation (EC) No 44/2001 of 22 December 2000)
  statute
- CJCE, 29 April 1999, C-267/97
  case-law
- CJCE, 28 April 2009, C-420/07
  case-law
- French Civil Code
  statute
- French Commercial Code
  statute
- French Code of Civil Procedure
  statute
- French Ordinance No 2016-131 of 10 February 2016
  statute
Direct judgment

Ajilex

Bank Tejarat Iran

Court of Cassation, First Civil Chamber