Matter
Banque Delubac et Cie v Saatbau Linz Egen. (French Court of Cassation, Q 16-18.178)
- 10 May 2016France
10 May 2016France
Judgment of the Paris Court of Appeal, Division 1, Chamber 1 dated 10 May 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 et Cie’s claim against Saatbau Linz Egen. It found that the disputed invoices implemented sales contracts containing arbitration clauses and referred the parties to pursue the dispute in arbitration.
Supporting details
2 participantsBanque Delubac et Cie
Saatbau Linz Egen.
Paris Court of Appeal, Division 1, Chamber 1
1 year, 4 months and 3 days later · 491 days
- 13 September 2017France
13 September 2017France
Judgment of the French Court of Cassation, First Civil Chamber, in case Q 16-18.178 dated 13 September 2017
French Court of Cassation, First Civil Chamber
- Decision summary
- The Court of Cassation rejected Banque Delubac et Cie’s appeal and upheld the ruling that the Paris Commercial Court lacked jurisdiction over the bank’s claim against Saatbau Linz Egen. The invoices arose from sales contracts containing arbitration clauses, and the bank’s tort-based claim was sufficiently connected to those contracts for the clauses not to be manifestly inapplicable. Banque Delubac et Cie was ordered to pay the costs and EUR 3,000 under Article 700 of the French Code of Civil Procedure.
Supporting details
4 authorities · 9 participantsBanque Delubac et Cie
- Representative
- SCP Ortscheidt (For: Banque Delubac et Cie)
Saatbau Linz Egen.
- Representative
- SCP Nicolaÿ, de Lanouvelle et Hannotin (For: Saatbau Linz Egen.)
French Court of Cassation, First Civil Chamber
- Judge
- Batut
- Judge
- M. Y...
- Judge
- Matet
- Advocate General
- Bernard de La Gatinais
Other
- Court Reporter
- Pecquenard
- Date not availableFrance
Date not availableFrance
Judgment of the Paris Commercial Court
Paris Commercial Court
- Decision summary
- The Paris Commercial Court was seized by Banque Delubac et Cie in a claim against Saatbau Linz Egen. concerning payment of invoices and alleged disloyal conduct. Its jurisdiction was subsequently rejected on appeal because the underlying sales contracts contained arbitration clauses.
Supporting details
2 participantsBanque Delubac et Cie
Saatbau Linz Egen.
Paris Commercial Court