Matter
AS PNB Banka v M. [C] [H] (French Court of Cassation, Commercial, Financial and Economic Chamber, D 24-22.869)
French proceedings concerning AS PNB Banka’s enforcement rights addressed whether liquidation covered the debtor’s professional assets or both professional and personal assets.
Procedural record
- 18 May 2022Arbitration
18 May 2022Arbitration
Arbitral award dated 18 May 2022
Participants
AS PNB Banka
M. [C] [H]
3 years, 8 months and 17 days later · 1358 days
- 4 February 2026France
4 February 2026France
Cassation judgment of the French Court of Cassation, Commercial, Financial and Economic Chamber in case D 24-22.869 dated 4 February 2026
French Court of Cassation, Commercial, Financial and Economic Chamber
- Citation
- Arrêt n° 40 FS-B
- Decision summary
- The Court of Cassation quashed the Versailles Court of Appeal judgment of 14 November 2024 and remitted the case to a differently composed court. It held that the Court of Appeal had not determined whether the liquidation proceeding covered only the debtor's professional assets or both professional and personal assets, a distinction relevant to AS PNB Banka's individual enforcement rights for a pre-15 May 2022 claim. M. [C] [H] was ordered to pay the costs, and the applications under Article 700 of the French Code of Civil Procedure were rejected.
Participants
AS PNB Banka
- Representative
- M. [U] [S] (For: AS PNB Banka)
- Representative
- SARL Ortscheidt (For: AS PNB Banka)
M. [C] [H]
- Representative
- SAS Boucard-Capron-Maman (For: M. [C] [H])
French Court of Cassation, Commercial, Financial and Economic Chamber
- Judge
- M. Vigneau
- Judge
- M. Boutié
- Judge
- Mme Schmidt
- Judge
- Mme Guillou
- Judge
- M. Bedouet
- Judge
- M. Calloch
- Judge
- Mme Gouarin
- Judge
- M. Bailly
- Judge
- Mme Jallut
- Judge
- Mme Coricon
- Judge
- Mme Buquant
- Judge
- Mme de Naurois
- Advocate General
- Mme Guinamant
Other
- Court Reporter
- Mme Sezer
- Court Reporter
- M. Doyen