Arbitral Digest

Matter

Bankruptcy trustee of German company BAAS v France International Representation (FIR)

  1. 7 May 1975Germany

    7 May 1975Germany

    Execution order of the Hamburg Local Court dated 7 May 1975

    Hamburg Local Court

    Decision summary
    The Hamburg Local Court issued an execution order against France International Representation at the request of the bankruptcy trustee of German company BAAS; the order was enforceable in Germany and was later declared enforceable in France.

    Supporting details

    2 participants
    France International Representation (FIR)
    Bankruptcy trustee of German company BAAS
    Hamburg Local Court

    3 years, 10 months and 9 days later · 1409 days

  2. 16 March 1979France

    16 March 1979France

    Judgment of the Paris Court of Appeal dated 16 March 1979

    Paris Court of Appeal

    Decision summary
    The Paris Court of Appeal declared enforceable in France the Hamburg Local Court's execution order of 7 May 1975 issued at the request of the bankruptcy trustee of German company BAAS against France International Representation.

    Supporting details

    2 participants
    France International Representation (FIR)
    Bankruptcy trustee of German company BAAS
    Paris Court of Appeal

    1 year, 11 months and 22 days later · 725 days

  3. 10 March 1981France

    10 March 1981France

    Decision of the French Court of Cassation dated 10 March 1981

    French Court of Cassation

    Decision summary
    The French Court of Cassation rejected FIR's appeal and upheld the declaration that the Hamburg Local Court's execution order of 7 May 1975 was enforceable in France. It held that the order was enforceable in Germany and that the conditions in Articles 27(2) and 47(1) of the Brussels Convention of 27 September 1968 were met, without reviewing the regularity of the foreign procedure beyond those conditions.

    Supporting details

    2 authorities · 2 participants
    France International Representation (FIR)
    Bankruptcy trustee of German company BAAS
    French Court of Cassation

    Authorities cited

    2
    • Brussels Convention dated 27 September 1968
      treaty
    • German Code of Civil Procedure
      statute

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Bankruptcy trustee of German company BAAS v France International Representation (FIR) · Matter