Arbitral Digest

Matter

Apple Distribution International and Apple France v Minister for the Economy, Industry and Digital Affairs and Orange (French Court of Cassation T 15-21.811)

  1. 19 May 2015France

    19 May 2015France

    Judgment of the Paris Court of Appeal, Division 1, Chamber 1 in the case Apple Distribution International and Apple France v Minister for the Economy, Industry and Digital Affairs and Orange dated 19 May 2015

    Paris Court of Appeal, Division 1, Chamber 1

    Decision summary
    The Paris Court of Appeal rejected Apple Distribution International and Apple France's jurisdiction objection. It held that the Minister of the Economy's autonomous action to protect economic public order and competition belonged before the state courts, confirmed the lower court's jurisdiction, and ordered the Apple companies to pay EUR 10,000 under article 700 of the French Code of Civil Procedure.

    Supporting details

    5 authorities · 4 participants
    Apple Distribution International
    Apple France
    Minister of the Economy, Industry and Digital Affairs
    Orange
    Paris Court of Appeal, Division 1, Chamber 1

    Authorities cited

    5
    • French Code of Civil Procedure
      statute
    • French Commercial Code
      statute
    • Council Regulation (EC) No. 44/2001 dated 22 December 2000
      regulation
    • European Convention on Human Rights
      treaty
    • French Code of Judicial Organization
      statute

    1 year, 1 month and 17 days later · 414 days

  2. 6 July 2016France

    6 July 2016France

    Judgment No. 805 FS-P+B of the French Court of Cassation, First Civil Chamber in case T 15-21.811 dated 6 July 2016

    French Court of Cassation, First Civil Chamber

    Case no.
    T 15-21.811
    Decision summary
    The Court of Cassation rejected Apple Distribution International and Apple France's appeal. It held that the Minister of the Economy's action under article L. 442-6, III, of the French Commercial Code was an autonomous action protecting economic public order, the market and competition, and that the arbitration clause in the Apple-Orange distribution contract was manifestly inapplicable because the action belonged before the state courts. Apple Distribution International and Apple France were ordered to pay the Minister EUR 3,000 under article 700 of the French Code of Civil Procedure and the appeal costs.

    Supporting details

    5 authorities · 20 participants
    Apple Distribution International
    Representative
    SCP Piwnica and Molinié (For: Apple Distribution International · Apple France)
    Apple France
    Representative
    SCP Piwnica and Molinié (For: Apple Distribution International · Apple France)
    Minister of the Economy, Industry and Digital Affairs
    Representative
    SCP Meier-Bourdeau and Lécuyer (For: Minister of the Economy, Industry and Digital Affairs)
    Orange
    Representative
    SCP Capron (For: Orange)
    French Court of Cassation, First Civil Chamber
    Judge
    Batut
    Judge
    Hascher
    Judge
    Bignon
    Judge
    Matet
    Judge
    Vigneau
    Judge
    Bozzi
    Judge
    Mansion
    Judge
    Roth
    Advocate General
    Ancel
    Other
    Institutional administrator
    Nguyen

    Authorities cited

    5
    • French Code of Civil Procedure
      statute
    • French Commercial Code
      statute
    • Council Regulation (EC) No. 44/2001 dated 22 December 2000
      regulation
    • European Convention on Human Rights
      treaty
    • French Code of Judicial Organization
      statute

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Apple Distribution International and Apple France v Minister for the Economy, Industry and Digital Affairs and Orange (French Court of Cassation T 15-21.811) · Matter