Matter
Carmo Branco Lda v Coty France and HFC Prestige International Operations Switzerland (French Court of Cassation, case no. G 23-12.588)
- 21 January 2019France
21 January 2019France
Judgment of the Paris Commercial Court in case RG No. 2016049703 dated 21 January 2019
Paris Commercial Court
- Decision summary
- The Paris Commercial Court ordered Carmo Branco to pay Coty France and HFC Prestige International Operations Switzerland EUR 156,934.16 for unpaid invoices. The judgment was appealed in the same dispute.
Supporting details
3 participantsCoty France
HFC Prestige International Operations Switzerland
Carmo Branco Lda
Paris Commercial Court
3 years, 8 months and 28 days later · 1367 days
- 19 October 2022France
19 October 2022France
Judgment of the Paris Court of Appeal, Pôle 5, Chamber 4 in case RG No. 21/13607 dated 19 October 2022
Paris Court of Appeal, Pôle 5, Chamber 4
- Decision summary
- The Paris Court of Appeal admitted the intervention of Carmo Branco's insolvency administrator and confirmed the appealed order requiring Carmo Branco to pay Coty France and HFC Prestige International Operations Switzerland EUR 156,934.16 for unpaid invoices. The Court of Cassation later partially quashed this disposition.
Supporting details
3 participantsCarmo Branco Lda
Coty France
HFC Prestige International Operations Switzerland
Paris Court of Appeal, Pôle 5, Chamber 4
2 years, 3 months and 17 days later · 840 days
- 5 February 2025France
5 February 2025France
Judgment of the French Court of Cassation, Commercial, Financial and Economic Chamber in case no. G 23-12.588 dated 5 February 2025
French Court of Cassation, Commercial, Financial and Economic Chamber
- Citation
- Judgment No. 67 F-B
- Decision summary
- The Court of Cassation partially quashed the Paris Court of Appeal judgment insofar as it condemned Carmo Branco to pay EUR 156,934.16 for unpaid invoices. Applying Article 18 of Regulation (EU) 2015/848 together with Articles L. 622-21 and L. 622-22 of the French Commercial Code, it held that the claim, which arose before Carmo Branco's Portuguese insolvency, could proceed in France only after declaration in the insolvency proceedings and then only for establishment and fixation of the claim. The case was remanded to the Paris Court of Appeal differently composed; Coty France and HFC Prestige International Operations Switzerland were ordered to pay the costs and EUR 3,000 jointly to Carmo Branco and its insolvency administrator under Article 700 of the French Code of Civil Procedure.
Supporting details
3 authorities · 11 participantsCarmo Branco Lda
- Representative
- SAS Boucard-Capron-Maman (For: Carmo Branco Lda · M. [P] [O] [I] [T] [G])
M. [P] [O] [I] [T] [G]
- Representative
- SAS Boucard-Capron-Maman (For: Carmo Branco Lda · M. [P] [O] [I] [T] [G])
Coty France
- Representative
- SARL Cabinet Rousseau et Tapie (For: Coty France · HFC Prestige International Operations Switzerland)
HFC Prestige International Operations Switzerland
- Representative
- SARL Cabinet Rousseau et Tapie (For: Coty France · HFC Prestige International Operations Switzerland)
French Court of Cassation, Commercial, Financial and Economic Chamber
- Judge
- M. Vigneau
- Judge
- Mme Coricon
- Judge
- Mme Schmidt
- Advocate General
- Mme Guinamant
Other
- Court Reporter
- Mme Sezer