Arbitral Digest

Matter

France Direct Service v Hilde Y... — French Court of Cassation, First Civil Chamber, 14 March 1995

  1. 12 November 1992France

    12 November 1992France

    Judgment of the Aix-en-Provence Court of Appeal, First Chamber, Section A dated 12 November 1992

    Aix-en-Provence Court of Appeal, First Chamber, Section A

    Decision summary
    The Court of Appeal confirmed the recognition in France of the German default judgment against France Direct Service.

    2 years, 4 months and 2 days later · 852 days

  2. 14 March 1995France

    14 March 1995France

    Judgment of the French Court of Cassation, First Civil Chamber dated 14 March 1995

    French Court of Cassation, First Civil Chamber

    Decision summary
    The Court of Cassation rejected France Direct Service's appeal against recognition in France of a German default judgment. It held that where a defendant knew of the foreign proceedings, French procedural public policy did not require service of the foreign decision to state the remedies and time limits available in the state of origin, and that the Court of Appeal had not been required to raise that issue of its own motion.

    Supporting details

    3 authorities · 9 participants
    France Direct Service
    Representative
    Choucroy (For: France Direct Service)
    Hilde Y...
    Representative
    SCP Lyon-Caen, Fabiani et Thiriez (For: Hilde Y...)
    French Court of Cassation, First Civil Chamber
    Advocate General
    Lupi
    Other
    Institutional administrator
    Barault

    Authorities cited

    3
    • French Judicial Organisation Code
      statute
    • French New Code of Civil Procedure
      statute
    • Brussels Convention dated 27 September 1968
      treaty

Matter record

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France Direct Service v Hilde Y... — French Court of Cassation, First Civil Chamber, 14 March 1995 · Matter