Matter
Banque Delubac & Cie v Werner Tiernahrung GmbH (French Court of Cassation H 17-13.069)
- 13 December 2016France
13 December 2016France
Judgment of the Paris Court of Appeal, Division 1, Chamber 1, dated 13 December 2016
Paris Court of Appeal, Division 1, Chamber 1
- Decision summary
- The Paris Court of Appeal reversed the first-instance ruling, held that the Paris Commercial Court was incompetent, and referred the parties to pursue their claims before the competent forum. It held that the arbitration clause incorporated by reference, and the tortious character of Banque Delubac’s claim, did not make the arbitration agreement manifestly inapplicable; Banque Delubac was also ordered to pay costs and EUR 5,000 under Article 700 of the French Code of Civil Procedure.
Supporting details
1 authority · 2 participantsBanque Delubac & Cie
Werner Tiernahrung GmbH
Paris Court of Appeal, Division 1, Chamber 1
1 year, 6 months and 21 days later · 568 days
- 4 July 2018France
4 July 2018France
Judgment of the French Court of Cassation, Commercial, Financial and Economic Chamber, dated 4 July 2018
French Court of Cassation, Commercial, Financial and Economic Chamber
- Citation
- Arrêt no 604 F-D
- Decision summary
- The Court of Cassation rejected Banque Delubac & Cie’s appeal and upheld the conclusion that the Paris Commercial Court was incompetent. It held that the bank’s claim against Werner for damages based on allegedly disloyal conduct was connected with the sales contracts containing arbitration clauses, so the tortious character of the claim did not make the arbitration agreement manifestly inapplicable. Banque Delubac & Cie was ordered to pay the costs and EUR 3,000 to Werner under Article 700 of the French Code of Civil Procedure.
Supporting details
1 authority · 9 participantsBanque Delubac & Cie
- Representative
- SCP Ortscheidt (For: Banque Delubac & Cie)
Werner Tiernahrung GmbH
- Representative
- SCP Meier-Bourdeau et Lécuyer (For: Werner Tiernahrung GmbH)
French Court of Cassation, Commercial, Financial and Economic Chamber
- Judge
- M. Rémery
- Judge
- Mme Fontaine
- Judge
- M. Guérin
- Advocate General
- Mme Henry
Other
- Institutional administrator
- M. Graveline