Matter
Assmann Telecom v Atis Uher and Telecom Externals Operating Systems - Telecom exos (French Court of Cassation, First Civil Chamber, case K 18-25.611)
- 11 October 2017France
11 October 2017France
Judgment of the Paris Commercial Court dated 11 October 2017
Paris Commercial Court
- Decision summary
- The Paris Commercial Court declared itself competent to hear the dispute involving Assmann Telecom, Atis Uher, and Telecom Externals Operating Systems - Telecom exos. The Paris Court of Appeal later reversed the jurisdictional ruling as to Assmann Telecom's forced-intervention claim against Atis Uher.
Supporting details
3 participantsAssmann Telecom
Atis Uher
Telecom Externals Operating Systems - Telecom exos
Paris Commercial Court
11 months and 10 days later · 345 days
- 21 September 2018France
21 September 2018France
Judgment of the Paris Court of Appeal, Division 5, Chamber 11 dated 21 September 2018
Paris Court of Appeal, Division 5, Chamber 11
- Decision summary
- The Paris Court of Appeal held the Paris Commercial Court incompetent to hear Assmann Telecom's forced-intervention claim against Atis Uher, applying the arbitration clause in article 8 of the 15 March 2007 concessionaire contract, and invited Assmann Telecom to pursue the claim before the appropriate forum.
Supporting details
3 participantsAssmann Telecom
Atis Uher
Telecom Externals Operating Systems - Telecom exos
Paris Court of Appeal, Division 5, Chamber 11
1 year, 4 months and 22 days later · 509 days
- 12 February 2020France
12 February 2020France
Decision of the French Court of Cassation, First Civil Chamber in the case K 18-25.611 dated 12 February 2020
French Court of Cassation, First Civil Chamber
- Citation
- Decision No. 10099 F
- Decision summary
- The French Court of Cassation rejected Assmann Telecom's principal appeal against the Paris Court of Appeal's decision that the Paris Commercial Court lacked jurisdiction over Assmann Telecom's forced-intervention claim against Atis Uher because the claim fell within the arbitration clause in the 15 March 2007 concessionaire contract. Assmann Telecom was ordered to pay the costs and EUR 3,000 to Atis Uher under article 700 of the French Code of Civil Procedure.
Supporting details
1 authority · 9 participantsAssmann Telecom
- Representative
- SCP Waquet, Farge et Hazan (For: Assmann Telecom)
Atis Uher
- Representative
- SCP Ohl et Vexliard (For: Atis Uher)
Telecom Externals Operating Systems - Telecom exos
French Court of Cassation, First Civil Chamber
- Judge
- Mme Batut
- Judge
- M. Hascher
- Judge
- Mme Auroy
Other
- Institutional administrator
- Mme Berthomier