Matter
Albania BEG Ambient Shpk v Enel S.P.A. (French Court of Cassation R 21-18.406)
- 6 December 2002Arbitration
6 December 2002Arbitration
Arbitral Award of 6 December 2002
- Decision summary
- The arbitral tribunal rejected Bechetti Energy Group S.p.A.'s claims against Enelpower under their 2 February 2000 cooperation agreement for construction and operation of a hydroelectric plant in Albania.
Supporting details
2 participantsBechetti Energy Group S.p.A.
Enelpower S.p.A.
6 years, 3 months and 18 days later · 2300 days
- 24 March 2009Albania
24 March 2009Albania
Judgment of the Tirana Judicial District Court dated 24 March 2009
Tirana Judicial District Court
- Decision summary
- The court ordered Enel S.P.A. and Enelpower S.P.A. to pay Albania BEG Ambient damages for the failed hydroelectric project, including EUR 25,188,500 for 2004 and a further amount calculated for the 2005–2011 period.
Supporting details
3 participantsAlbania BEG Ambient Shpk
Enel S.P.A.
Enelpower S.p.A.
Tirana Judicial District Court
1 year, 1 month and 4 days later · 400 days
- 28 April 2010Albania
28 April 2010Albania
Judgment of the Tirana Court of Appeal dated 28 April 2010
Tirana Court of Appeal
- Decision summary
- The court confirmed the Tirana Judicial District Court judgment ordering Enel S.P.A. and Enelpower S.P.A. to pay Albania BEG Ambient damages arising from the hydroelectric project.
Supporting details
3 participantsAlbania BEG Ambient Shpk
Enel S.P.A.
Enelpower S.p.A.
Tirana Court of Appeal
7 years, 9 months and 1 day later · 2833 days
- 29 January 2018France
29 January 2018France
Judgment of the Paris Regional Court dated 29 January 2018
Paris Regional Court
- Decision summary
- The court refused Albania BEG Ambient's application for exequatur in France of the Albanian judgments.
Supporting details
3 participantsAlbania BEG Ambient Shpk
Enel S.P.A.
Enelpower S.p.A.
Paris Regional Court
3 years, 3 months and 5 days later · 1191 days
- 4 May 2021France
4 May 2021France
Judgment of the Paris Court of Appeal dated 4 May 2021
Paris Court of Appeal, Pôle 3 - Chambre 5
- Decision summary
- The court rejected Albania BEG Ambient's appeal and refused exequatur in France of the Albanian judgments, holding that the proceedings had been obtained through fraud to pursue claims already rejected in arbitration.
Supporting details
3 participantsAlbania BEG Ambient Shpk
Enel S.P.A.
Enelpower S.p.A.
Paris Court of Appeal, Pôle 3 - Chambre 5
2 years and 13 days later · 743 days
- 17 May 2023France
17 May 2023France
Judgment of the French Court of Cassation, First Civil Chamber, appeal R 21-18.406 dated 17 May 2023
French Court of Cassation, First Civil Chamber
- Citation
- Cass. civ. 1, 17 May 2023, appeal R 21-18.406
- Decision summary
- The Court of Cassation rejected Albania BEG Ambient's appeal. It held that the Albanian judgment had been obtained by fraud because the claimant used its controlled Albanian subsidiary to pursue in court what Bechetti Energy Group had failed to obtain in arbitration, and upheld the refusal of exequatur.
Supporting details
2 authorities · 4 participantsAlbania BEG Ambient Shpk
Enel S.P.A.
Enelpower S.P.A.
Prosecutor General at the Paris Court of Appeal
French Court of Cassation, First Civil Chamber
- 17 May 2023France
17 May 2023France
Judgment of the Paris Court of Appeal, Pôle 1 - Chambre 10, RG 22/11816 dated 17 May 2023
Paris Court of Appeal, Pôle 1 - Chambre 10
- Decision summary
- The court refused to stay the enforcement proceedings pending the Court of Cassation's ruling. It held that the Albanian judgments established a claim apparently founded in principle and that resistance to recovery threatened enforcement; it therefore reversed the order for release of the three conservatory attachments, rejected the related damages claim, and allocated costs and Article 700 compensation between Albania BEG Ambient, Enel, and Primeo Énergie Grands Comptes.
Supporting details
4 authorities · 3 participantsAlbania BEG Ambient Shpk
Enel S.P.A.
Primeo Énergie Grands Comptes
Paris Court of Appeal, Pôle 1 - Chambre 10