Arbitral Digest

Matter

Fortis banque v X... spouses (French Court of Cassation, First Civil Chamber, 6 March 2007)

  1. 21 March 2001Belgium

    21 March 2001Belgium

    Judgment of the Mons Court of Appeal dated 21 March 2001

    Mons Court of Appeal

    Decision summary
    The Mons Court of Appeal condemned the X... spouses, who were domiciled in France, to pay a sum of money to Fortis banque.

    Supporting details

    2 participants
    Fortis banque
    X... spouses
    Mons Court of Appeal

    4 years, 3 months and 9 days later · 1562 days

  2. 30 June 2005France

    30 June 2005France

    Judgment of the Amiens Court of Appeal dated 30 June 2005

    Amiens Court of Appeal

    Decision summary
    The Amiens Court of Appeal confirmed the grant of exequatur in France to the 21 March 2001 judgment of the Mons Court of Appeal, which had condemned the X... spouses to pay a sum of money to Fortis banque.

    Supporting details

    2 participants
    Fortis banque
    X... spouses
    Amiens Court of Appeal

    1 year, 8 months and 4 days later · 614 days

  3. 6 March 2007France

    6 March 2007France

    Judgment of the French Court of Cassation, First Civil Chamber dated 6 March 2007

    French Court of Cassation, First Civil Chamber

    Decision summary
    The Court of Cassation rejected the X... spouses' appeal and upheld the grant of exequatur in France to the 21 March 2001 judgment of the Mons Court of Appeal. It held that the non-adversarial exequatur procedure under the Brussels Convention was compatible with Article 6 fair-trial guarantees because the available remedies protected adversarial process and a fair trial; the spouses were ordered to pay costs and EUR 2,000 under Article 700 of the New Code of Civil Procedure.

    Supporting details

    3 authorities · 2 participants
    Fortis banque
    X... spouses
    French Court of Cassation, First Civil Chamber

    Authorities cited

    3
    • Brussels Convention dated 27 September 1968
      treaty
    • European Convention on Human Rights and Fundamental Freedoms
      treaty
    • French New Code of Civil Procedure
      statute

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Fortis banque v X... spouses (French Court of Cassation, First Civil Chamber, 6 March 2007) · Matter