Arbitral Digest

Matter

APTOS LLC v SAS ETAP — Jurisdiction over commercial distribution dispute

  1. 14 November 2019France

    14 November 2019France

    Judgment of the Paris Commercial Court in case RG 2018027210 dated 14 November 2019

    Paris Commercial Court

    Case no.
    RG 2018027210
    Decision summary
    The Paris Commercial Court found Aptos LLC's jurisdiction objection admissible but unfounded, retained jurisdiction over SAS Etap's claims, and referred the matter for further submissions on the merits.

    Supporting details

    2 participants
    SAS ETAP
    APTOS LLC
    Paris Commercial Court

    2 months and 28 days later · 89 days

  2. 11 February 2020France

    11 February 2020France

    Order of the Paris Court of Appeal in case RG 20/01583 dated 11 February 2020

    Paris Court of Appeal

    Case no.
    RG 20/01583
    Decision summary
    The Paris Court of Appeal authorized Aptos LLC to serve SAS Etap with a summons for the appeal against the Paris Commercial Court's jurisdiction judgment.

    Supporting details

    2 participants
    APTOS LLC
    SAS ETAP
    Paris Court of Appeal

    4 months and 26 days later · 147 days

  3. 7 July 2020France

    7 July 2020France

    Decision of the Paris Court of Appeal in case RG 20/01583 dated 7 July 2020

    Paris Court of Appeal, Pôle 5, Chamber 16, International Commercial Chamber

    Case no.
    RG 20/01583
    Decision summary
    The Paris Court of Appeal reformed the Paris Commercial Court's jurisdiction judgment, rejected Aptos LLC's objection, and held that the Paris Commercial Court had jurisdiction over SAS Etap's claims concerning the abrupt termination of established commercial relations and alleged fraudulent conduct in contract negotiations. Aptos was ordered to pay Etap EUR 8,000 under Article 700 of the French Code of Civil Procedure and the costs.

    Supporting details

    8 authorities · 13 participants
    APTOS LLC
    Representative
    Matthieu Boccon Gibod (For: APTOS LLC)
    Representative
    SELARL LEXAVOUE PARIS-VERSAILLES (For: APTOS LLC)
    Representative
    Caroline Mercier Havsteen (For: APTOS LLC)
    Representative
    Ernst & Young société d'avocats (For: APTOS LLC)
    SAS ETAP
    Representative
    Bruno Regnier (For: SAS ETAP)
    Representative
    Katia Yver (For: SAS ETAP)
    Representative
    SCP Regnier Bequet Moisan (For: SAS ETAP)
    Paris Court of Appeal, Pôle 5, Chamber 16, International Commercial Chamber
    Other
    Court Reporter
    Clémentine Glemet

    Authorities cited

    8
    • French Civil Code
      statute
    • French Code of Civil Procedure
      statute
    • French Commercial Code
      statute
    • European Convention on Human Rights
      treaty
    • French Law No. 2020-290 of 23 March 2020 on Emergency Measures to Address the COVID-19 Epidemic (French Law No. 2020-290 of 23 March 2020)
      statute
    • Ordinance No. 2020-304 of 25 March 2020 adapting the rules applicable to courts adjudicating non-criminal matters and to condominium management contracts (French Ordinance No. 2020-304 of 25 March 2020)
      statute
    • French Ordinance No. 2020-306 of 25 March 2020 on the Extension of Deadlines Expiring During the Public Health Emergency and the Adaptation of Procedures During That Period (French Ordinance No. 2020-306 of 25 March 2020)
      statute
    • French Ordinance No. 2020-595 of 20 May 2020
      statute

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APTOS LLC v SAS ETAP — Jurisdiction over commercial distribution dispute · Matter