Arbitral Digest

Matter

Bertrand Y... v Vittorio X... (French Court of Cassation, RG 95010370)

  1. 22 November 1990Italy

    22 November 1990Italy

    Judgment of the Milan Court dated 22 November 1990

    Milan Court

    Decision summary
    The Milan Court declared European Marché Commun (EMC) bankrupt.

    Supporting details

    2 participants
    European Marché Commun (EMC)
    Representative
    Vittorio X... (For: European Marché Commun (EMC))
    Milan Court

    3 months later · 92 days

  2. 22 February 1991France

    22 February 1991France

    Judgment of the Evry Regional Court dated 22 February 1991

    Evry Regional Court

    Decision summary
    The Evry Regional Court validated Bertrand Y...'s attachment of EMC's claim against SAPAC Printemps.

    Supporting details

    3 participants
    Bertrand Y...
    European Marché Commun (EMC)
    SAPAC Printemps
    Evry Regional Court

    4 years, 11 months and 22 days later · 1817 days

  3. 13 February 1996France

    13 February 1996France

    Judgment of the Paris Court of Appeal dated 13 February 1996

    Paris Court of Appeal

    Case no.
    RG 95010370
    Decision summary
    The Paris Court of Appeal issued the decision challenged by Bertrand Y... in the Court of Cassation proceedings concerning the attachment of EMC's claim against SAPAC Printemps.

    Supporting details

    2 participants
    Bertrand Y...
    Vittorio X...
    Paris Court of Appeal

    3 years, 8 months and 6 days later · 1344 days

  4. 19 October 1999France

    19 October 1999France

    Judgment of the French Court of Cassation, First Civil Chamber dated 19 October 1999

    French Court of Cassation, First Civil Chamber

    Decision summary
    The Court of Cassation rejected Bertrand Y...'s appeal from the Paris Court of Appeal's decision concerning the attachment of EMC's claim against SAPAC Printemps. It held that the notification issue was either inadmissible or unfounded, that the France–Italy Convention of 3 June 1930 could be raised for the first time on appeal, and that the Italian liquidator's appeal did not constitute execution of the Italian bankruptcy decision requiring prior exequatur. Bertrand Y... was ordered to pay the costs.

    Supporting details

    3 authorities · 10 participants
    Bertrand Y...
    Representative
    SCP Gatineau (For: Bertrand Y...)
    Vittorio X...
    European Marché Commun (EMC)
    Representative
    Vittorio X... (For: European Marché Commun (EMC))
    French Court of Cassation, First Civil Chamber
    Judge
    Bargue
    Advocate General
    Roehrich
    Other
    Court Reporter
    Collet

    Authorities cited

    3
    • French Code of Judicial Organisation (Article L. 131-6 of the French Code of Judicial Organisation)
      statute
    • French New Code of Civil Procedure (Article 528-1 of the French New Code of Civil Procedure)
      statute
    • France–Italy Convention dated 3 June 1930
      treaty

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Bertrand Y... v Vittorio X... (French Court of Cassation, RG 95010370) · Matter