Arbitral Digest

Matter

Banco di Sicilia v X... Vincenzo fu Angelo ec, SNC, and Messrs Giuseppe and Vincenzo X... (French Court of Cassation)

  1. 12 December 1988Italy

    12 December 1988Italy

    Decision of 12 December 1988 of the President of the Termini Imerese Court

    Termini Imerese Court

    Decision summary
    The President of the Termini Imerese Court ordered société X... Vincenzo fu Angelo ec, snc, Giuseppe X..., and Vincenzo X..., jointly and severally, to pay Banco di Sicilia ITL 113,123,188 in principal. The order stated that it was provisionally enforceable and permitted opposition within 20 days after notification.

    Supporting details

    4 participants
    Banco di Sicilia
    société X... Vincenzo fu Angelo ec, snc
    Giuseppe X...
    Vincenzo X...
    Termini Imerese Court

    3 years, 3 months and 26 days later · 1212 days

  2. 7 April 1992France

    7 April 1992France

    Judgment of the Paris Court of Appeal dated 7 April 1992

    Paris Court of Appeal

    Decision summary
    The Paris Court of Appeal granted enforcement in France to the Termini Imerese payment order. The Court of Cassation subsequently quashed that judgment because the Italian order was enforceable before prior notification to the debtor who had not been called to appear.

    Supporting details

    4 participants
    Banco di Sicilia
    société X... Vincenzo fu Angelo ec, snc
    Giuseppe X...
    Vincenzo X...
    Paris Court of Appeal

    2 years, 1 month and 11 days later · 771 days

  3. 18 May 1994France

    18 May 1994France

    Judgment of the French Court of Cassation dated 18 May 1994

    French Court of Cassation

    Decision summary
    The Court of Cassation quashed the Paris Court of Appeal judgment granting enforcement in France to the Italian payment order. It held that a decision issued without the debtor being called to appear, and provisionally enforceable before prior notification, could not benefit from the Brussels Convention recognition and enforcement regime, and dismissed Banco di Sicilia's enforcement request against Giuseppe X....

    Supporting details

    2 authorities · 4 participants
    Banco di Sicilia
    société X... Vincenzo fu Angelo ec, snc
    Giuseppe X...
    Vincenzo X...
    French Court of Cassation

    Authorities cited

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

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Banco di Sicilia v X... Vincenzo fu Angelo ec, SNC, and Messrs Giuseppe and Vincenzo X... (French Court of Cassation) · Matter