Matter
Banque Delubac et Cie v Mayerhofer Agrarhandel GmbH (French Court of Cassation, No. 603 F-D, 4 July 2018)
- 13 December 2016France
13 December 2016France
Judgment of the Paris Court of Appeal in the case Banque Delubac et Cie v Mayerhofer Agrarhandel GmbH dated 13 December 2016
Paris Court of Appeal, Division 1, Chamber 1
- Decision summary
- The Paris Court of Appeal held that the Paris Commercial Court lacked jurisdiction over Banque Delubac's damages claim against Mayerhofer and referred the parties to the competent forum. It held that the arbitration clause incorporated by reference into the sales contracts was not manifestly inapplicable merely because Delubac pleaded a tort claim.
Supporting details
1 authority · 2 participantsBanque Delubac et Cie
Mayerhofer Agrarhandel 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 No. 603 F-D of the French Court of Cassation in the case E 17-13.067 dated 4 July 2018
French Court of Cassation, Commercial, Financial and Economic Chamber
- Citation
- Arrêt No. 603 F-D
- Decision summary
- The Court of Cassation rejected Banque Delubac et Cie's appeal and upheld the conclusion that the Paris Commercial Court lacked jurisdiction over its damages claim against Mayerhofer. It held that the claim was connected with sales contracts containing an arbitration clause, so the clause was not manifestly inapplicable; Delubac was ordered to pay costs and EUR 3,000 to Mayerhofer under Article 700 of the French Code of Civil Procedure.
Supporting details
1 authority · 9 participantsBanque Delubac et Cie
- Representative
- SCP Ortscheidt (For: Banque Delubac et Cie)
Mayerhofer Agrarhandel GmbH
- Representative
- SCP Meier-Bourdeau et Lécuyer (For: Mayerhofer Agrarhandel 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
- Mme Graveline