Matter
DILAS, C. E. and B. E. v ITM ENTREPRISES, ITM MOBILITE and SPR AUTOMOBILE (Paris Court of Appeal RG 24/02558)
Arbitration over DILAS’s ROADY outlet and shareholder agreements, with French court proceedings concerning a challenge to the December 2023 award.
Procedural record
- 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.
Participants
DILAS
[C] [E]
[B] [E]
ITM MOBILITE
2 months and 5 days later · 64 days
- 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
- 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
- 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.
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
- 16 December 2025France
16 December 2025France
Judgment of the Paris Court of Appeal, RG 24/02558, dated 16 December 2025
Paris Court of Appeal
- 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.
Participants
DILAS
[C] [E]
[B] [E]
ITM ENTREPRISES
SPR AUTOMOBILE
SCA AUTO
Paris Court of Appeal
- Judge
- Anne DUPUY
- Judge
- Marie LAMBLING
- Judge
- Florence HERMITE
Other
- Institutional administrator
- FHBX
- Institutional administrator
- [Z] [A]
- Institutional administrator
- [X] [T]
- Court Reporter
- Mélanie PATE
- Court Reporter
- Najma EL FARISSI