Arbitral Digest

Matter

DILAS, C. E. and B. E. v ITM ENTREPRISES, ITM MOBILITE and SPR AUTOMOBILE (Paris Court of Appeal RG 24/02558)

  1. 3 February 2023Arbitration

    3 February 2023Arbitration

    Arbitral Procedural Order No. 1

    Decision summary
    The arbitral tribunal rejected DILAS's and C. E.'s and B. E.'s request to require ITM MOBILITE to disclose its average gross-margin rate by accountant's certificate.

    Supporting details

    4 participants
    DILAS
    [C] [E]
    [B] [E]
    ITM MOBILITE

    2 months and 5 days later · 64 days

  2. 8 April 2023Arbitration

    8 April 2023Arbitration

    Arbitral Procedural Order No. 2

    Decision summary
    At the parties' request, the arbitral proceedings were suspended for five weeks from 8 April 2023, subject to resumption on 14 May 2023 unless the parties reached a settlement or jointly sought a further suspension.

    17 days later · 17 days

  3. 25 April 2023Arbitration

    25 April 2023Arbitration

    Arbitral Procedural Order No. 3

    Decision summary
    At the parties' request, the arbitral tribunal ended the suspension of the proceedings ordered on 8 April 2023.

    8 months and 1 day later · 245 days

  4. 26 December 2023Arbitration

    26 December 2023Arbitration

    Arbitral Award dated 26 December 2023

    Decision summary
    The tribunal rejected the jurisdictional and contractual annulment claims concerning the ROADY brand agreement, its debt-rescheduling amendments, DILAS's articles and shareholders' pact, as well as the competition-law and significant-imbalance claims. It awarded DILAS and C. E. EUR 130,000 in damages against ITM MOBILITE for faults in selecting the outlet location and accepting its commercial lease, and awarded EUR 20,000 in procedural costs against ITM ENTREPRISES and ITM MOBILITE jointly and severally; other claims were rejected and the award was declared provisionally enforceable.

    Supporting details

    9 participants
    DILAS
    [C] [E]
    [B] [E]
    ITM ENTREPRISES
    ITM MOBILITE
    SPR AUTOMOBILE
    Institution
    Arbitrator
    [N] [J]
    Arbitrator
    [H] [V]
    Arbitrator
    [L] [R]

    1 year, 11 months and 20 days later · 721 days

  5. 16 December 2025France

    16 December 2025France

    Judgment of the Paris Court of Appeal, RG 24/02558, dated 16 December 2025

    Paris Court of Appeal

    Case no.
    RG 24/02558
    Citation
    No. 83/2025; RG 24/02558; Portalis 35L7-V-B7I-CI3ZY
    Decision summary
    The Paris Court of Appeal dismissed DILAS's and C. E.'s and B. E.'s application to set aside the 26 December 2023 arbitral award and held that the dismissal confers exequatur on the award. It ordered the applicants to bear the annulment proceedings' costs and to pay ITM ENTREPRISES, SCA AUTO (as successor to ITM MOBILITE), and SPR AUTOMOBILE EUR 20,000 under article 700 of the French Code of Civil Procedure, dismissing the parties' other claims.

    Supporting details

    8 authorities · 14 participants
    DILAS
    [C] [E]
    [B] [E]
    ITM ENTREPRISES
    SPR AUTOMOBILE
    SCA AUTO
    Paris Court of Appeal
    Other
    Institutional administrator
    FHBX
    Institutional administrator
    [Z] [A]
    Institutional administrator
    [X] [T]
    Court Reporter
    Mélanie PATE
    Court Reporter
    Najma EL FARISSI

    Authorities cited

    8
    • French Code of Civil Procedure
      statute
    • French Civil Code
      statute
    • French Commercial Code
      statute
    • Commission Regulation (EU) 2022/720
      statute
    • Guidelines on Regulation (EU) 2022/720
      statute
    • French Court of Cassation, Commercial Chamber, 26 September 2018, No. 16-28.133 (Com., 26 sept. 2018, n° 16-28.133)
      case-law
    • Towercast Judgment
      case-law
    • French Competition Authority Decision of 2 May 2024
      case-law

Matter record

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DILAS, C. E. and B. E. v ITM ENTREPRISES, ITM MOBILITE and SPR AUTOMOBILE (Paris Court of Appeal RG 24/02558) · Matter