Arbitral Digest

Matter

Elite partners, Elite's exclusive collection and ME Business solutions v M. [W] [G] (French Court of Cassation, First Civil Chamber, Appeal No. K 22-12.402)

  1. 2 December 2021France

    2 December 2021France

    Judgment of the Versailles Court of Appeal, Fourteenth Chamber dated 2 December 2021

    Versailles Court of Appeal, Fourteenth Chamber

    Decision summary
    The Versailles Court of Appeal held that the French courts had jurisdiction over M. [W] [G]'s claims arising from his investment in Elite's exclusive collection, including the restitution claim at issue in the later appeal.

    Supporting details

    3 participants
    M. [W] [G]
    Elite partners
    Elite's exclusive collection
    Versailles Court of Appeal, Fourteenth Chamber

    1 year, 6 months and 5 days later · 552 days

  2. 7 June 2023France

    7 June 2023France

    Judgment of the French Court of Cassation, First Civil Chamber in the case Appeal No. K 22-12.402 dated 7 June 2023

    French Court of Cassation, First Civil Chamber

    Case no.
    K 22-12.402
    Citation
    Arrêt n° 402 F-D
    Decision summary
    The French Court of Cassation partly quashed the Versailles Court of Appeal's ruling on international jurisdiction. It upheld French jurisdiction over M. [W] [G]'s claims against Elite's exclusive collection, but held that the restitution claim against Elite partners did not fall within the contractual jurisdiction rules absent a freely consented contractual relationship, and remitted that issue to the Paris Court of Appeal.

    Supporting details

    9 authorities · 11 participants
    Elite partners
    Representative
    SCP Piwnica et Molinié (For: Elite partners · Elite's exclusive collection · ME Business solutions)
    Elite's exclusive collection
    Representative
    M. [M] [S] (For: Elite's exclusive collection)
    Representative
    SCP Piwnica et Molinié (For: Elite partners · Elite's exclusive collection · ME Business solutions)
    ME Business solutions
    Representative
    SCP Piwnica et Molinié (For: Elite partners · Elite's exclusive collection · ME Business solutions)
    M. [W] [G]
    Representative
    Me Haas (For: M. [W] [G])
    French Court of Cassation, First Civil Chamber
    Other
    Institutional administrator
    Mme Vignes

    Authorities cited

    9
    • French Code of Civil Procedure
      statute
    • Regulation (EU) No. 1215/2012 of the European Parliament and of the Council dated 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (Regulation (EU) No. 1215/2012)
      statute
    • Court of Justice of the European Union, 20 January 2005, Case C-464/01 (Case C-464/01)
      case-law
    • Court of Justice of the European Union, 25 January 2018, Case C-498/16 (Case C-498/16)
      case-law
    • Court of Justice of the European Union, 14 February 2019, Case C-630/17 (Case C-630/17)
      case-law
    • Court of Justice of the European Union, 3 October 2019, Case C-208/18 (Case C-208/18)
      case-law
    • Court of Justice of the European Union, 27 September 1988, Case 189/87 (Case 189/87)
      case-law
    • Court of Justice of the European Union, 11 November 2020, Case C-433/19 (Case C-433/19)
      case-law
    • Court of Justice of the European Union, 9 December 2021, Case C-242/20 (Case C-242/20)
      case-law

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Elite partners, Elite's exclusive collection and ME Business solutions v M. [W] [G] (French Court of Cassation, First Civil Chamber, Appeal No. K 22-12.402) · Matter