Arbitral Digest

Matter

Boudet v Elsen and La Compagnie d'assurances Le Patrimoine (French Court of Cassation, 8 February 1977)

  1. 25 November 1965Andorra

    25 November 1965Andorra

    Judgment of the Andorran Court of Corts dated 25 November 1965

    Andorran Court of Corts

    Decision summary
    The Court of Corts convicted Elsen as the responsible driver and ordered Elsen and his insurer, La Compagnie d'assurances Le Patrimoine, to pay Boudet 20,000 pesetas in compensation for the 1 October 1964 traffic accident in Andorra.

    Supporting details

    3 participants
    Boudet
    Elsen
    La Compagnie d'assurances Le Patrimoine
    Andorran Court of Corts

    1 year and 20 days later · 385 days

  2. 15 December 1966France

    15 December 1966France

    Judgment of the Toulouse Regional Court dated 15 December 1966

    Toulouse Regional Court

    Decision summary
    The Toulouse Regional Court allowed Boudet's claim against Elsen and La Compagnie d'assurances Le Patrimoine for compensation for the injury and loss arising from the Andorran traffic accident.

    Supporting details

    3 participants
    Boudet
    Elsen
    La Compagnie d'assurances Le Patrimoine
    Toulouse Regional Court

    1 year, 4 months and 21 days later · 508 days

  3. 6 May 1968France

    6 May 1968France

    Judgment of the Toulouse Court of Appeal dated 6 May 1968

    Toulouse Court of Appeal

    Decision summary
    The Toulouse Court of Appeal upheld Boudet's claim on the ground that the Andorran Court of Corts judgment could not have effect in France without exequatur.

    Supporting details

    3 participants
    Boudet
    Elsen
    La Compagnie d'assurances Le Patrimoine
    Toulouse Court of Appeal

    2 years and 8 months later · 975 days

  4. 6 January 1971France

    6 January 1971France

    Judgment of the French Court of Cassation, First Civil Chamber dated 6 January 1971 (appeal no. 68-12.590)

    French Court of Cassation, First Civil Chamber

    Case no.
    68-12.590
    Decision summary
    The French Court of Cassation quashed the Toulouse Court of Appeal judgment for misapplying Article 546 of the French Code of Civil Procedure. It held that Andorra was neither a state nor a person of international law and remanded the case to the Montpellier Court of Appeal.

    Supporting details

    1 authority · 3 participants
    Boudet
    Elsen
    La Compagnie d'assurances Le Patrimoine
    French Court of Cassation, First Civil Chamber

    Authorities cited

    1
    • French Code of Civil Procedure, Article 546
      statute

    4 years, 4 months and 21 days later · 1602 days

  5. 27 May 1975France

    27 May 1975France

    Judgment of the Lyon Court of Appeal dated 27 May 1975

    Lyon Court of Appeal

    Decision summary
    The Lyon Court of Appeal held, after remand, that judgments of the Andorran courts were not foreign judgments and were enforceable in France without exequatur.

    Supporting details

    3 participants
    Boudet
    Elsen
    La Compagnie d'assurances Le Patrimoine
    Lyon Court of Appeal

    1 year, 8 months and 12 days later · 623 days

  6. 8 February 1977France

    8 February 1977France

    Judgment of the French Court of Cassation, First Civil Chamber dated 8 February 1977 (Boudet v Le Patrimoine)

    French Court of Cassation, First Civil Chamber

    Decision summary
    The French Court of Cassation dismissed Boudet's appeal against the Lyon Court of Appeal judgment. It held that the appeal court had answered the arguments concerning exequatur, French public policy, and Boudet's participation in the Andorran proceedings.

    Supporting details

    3 participants
    Boudet
    Elsen
    La Compagnie d'assurances Le Patrimoine
    French Court of Cassation, First Civil Chamber

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Boudet v Elsen and La Compagnie d'assurances Le Patrimoine (French Court of Cassation, 8 February 1977) · Matter