Matter
Consorts A... v Consorts X... (French Court of Cassation)
French proceedings concerning Consorts A... and Consorts X....
Procedural record
- 20 February 1958Algeria
20 February 1958Algeria
Judgment of the Court of Appeal of Constantine dated 20 February 1958
Court of Appeal of Constantine
- Decision summary
- The Court of Appeal of Constantine ordered a judicial expert investigation in the dispute.
Participants
Consorts A...
Court of Appeal of Constantine
3 years, 3 months and 4 days later · 1189 days
- 24 May 1961Algeria
24 May 1961Algeria
Judgment of the Bougie Court dated 24 May 1961
Bougie Court
- Decision summary
- The Bougie Court dismissed the action by Consorts A... seeking annulment of a participation in Le Comptoir du Plateau de Talmats, repayment of the amount paid, and damages.
Participants
Consorts A...
Consorts X...
Consorts Z...
Consorts Y...
Bougie Court
3 years, 6 months and 9 days later · 1289 days
- 3 December 1964Algeria
3 December 1964Algeria
Judgment of the Court of Appeal of Constantine dated 3 December 1964
Court of Appeal of Constantine
- Decision summary
- The Court of Appeal of Constantine confirmed dismissal of Consorts A...'s action concerning annulment of the participation, repayment of the amount paid, and damages.
Participants
Consorts A...
Consorts X...
Consorts Z...
Consorts Y...
Court of Appeal of Constantine
5 years, 1 month and 11 days later · 1868 days
- 14 January 1970France
14 January 1970France
Judgment of the Toulouse Court of Appeal dated 14 January 1970
Toulouse Court of Appeal
- Decision summary
- The Toulouse Court of Appeal held that the action was inadmissible because the Constantine Court of Appeal judgment had res judicata effect; that judgment was subsequently quashed for failing to answer the public-policy submissions.
Participants
Consorts A...
Consorts X...
Toulouse Court of Appeal
3 years, 3 months and 24 days later · 1210 days
- 8 May 1973France
8 May 1973France
Judgment of the Bordeaux Court of Appeal dated 8 May 1973
Bordeaux Court of Appeal
- Decision summary
- The Bordeaux Court of Appeal held that the Constantine Court of Appeal judgment had res judicata effect in France and barred the renewed action by Consorts A... It rejected the objections based on procedural regularity, French public policy, and the asserted lack of identity between the Algerian and French claims.
Participants
Consorts A...
Consorts X...
Consorts Legendre
Bordeaux Court of Appeal
1 year, 8 months and 6 days later · 616 days
- 14 January 1975France
14 January 1975France
Decision of the French Court of Cassation concerning the Bordeaux Court of Appeal judgment of 8 May 1973
French Court of Cassation
- Decision summary
- The Court of Cassation rejected the appeal and upheld the recognition in France of the Constantine Court of Appeal judgment's res judicata effect. It held that, under the France–Algeria Convention of 27 August 1964 and the Judicial Protocol of 28 August 1962, the Algerian decision could have res judicata effect without exequatur because it dismissed the claim and did not require enforcement in France.
Participants
Consorts A...
Consorts X...
Consorts Legendre
French Court of Cassation