Arbitral Digest

Matter

Banque Worms v Spouses X... (French Court of Cassation, First Civil Chamber, 19 November 2002)

  1. 24 April 1993France

    24 April 1993France

    Judgment of the Paris Commercial Court dated 24 April 1993

    Paris Commercial Court

    Decision summary
    The court authorised the judicial representatives not to commence foreign exequatur proceedings against the debtors' assets in Belgium and Spain, to facilitate the planned partial transfer of the business.

    Supporting details

    1 participant
    Spouses X...
    Paris Commercial Court

    1 month and 17 days later · 47 days

  2. 10 June 1993France

    10 June 1993France

    Judgment of the Paris Commercial Court dated 10 June 1993

    Paris Commercial Court

    Decision summary
    The court approved the partial transfer plan for the debtors' business; the plan did not include the debtors' foreign real property.

    Supporting details

    1 participant
    Spouses X...
    Paris Commercial Court

    7 years, 3 months and 4 days later · 2653 days

  3. 14 September 2000France

    14 September 2000France

    Judgment of the Versailles Court of Appeal dated 14 September 2000

    Versailles Court of Appeal

    Decision summary
    The court ordered Banque Worms to discontinue its pursuit of the sale of the spouses' property in Spain and to prove that it had done so under a penalty.

    Supporting details

    5 participants
    Banque Worms
    Spouses X...
    Ms Y...
    Z...
    SNC IB Immo
    Versailles Court of Appeal

    2 years, 2 months and 5 days later · 796 days

  4. 19 November 2002France

    19 November 2002France

    Judgment of the French Court of Cassation, First Civil Chamber dated 19 November 2002

    French Court of Cassation, First Civil Chamber

    Decision summary
    The court quashed the Versailles Court of Appeal judgment concerning Banque Worms' pursuit of the sale of the spouses' Spanish property and remitted the case to a differently composed court. It held that French insolvency proceedings may have effects wherever the debtor has assets, subject to applicable international instruments and acceptance by foreign legal systems, but found that the Court of Appeal had not established that the foreign property was included in a liquidation accompanying the partial transfer plan.

    Supporting details

    5 authorities · 5 participants
    Banque Worms
    Spouses X...
    Ms Y...
    Z...
    SNC IB Immo
    French Court of Cassation, First Civil Chamber

    Authorities cited

    5
    • French Civil Code
      statute
    • French Code of Civil Procedure
      statute
    • French Commercial Code
      statute
    • French Law of 25 January 1985
      statute
    • European Convention on Human Rights
      treaty

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Banque Worms v Spouses X... (French Court of Cassation, First Civil Chamber, 19 November 2002) · Matter