Matter
Franck Y..., ès qualités v Mr X... / Phoenix Kapitaldienst GmbH (French Court of Cassation, 2 October 2012)
- 16 June 2009France
16 June 2009France
Judgment of the Strasbourg Regional Court dated 16 June 2009
Strasbourg Regional Court
- Decision summary
- The Strasbourg Regional Court declared itself incompetent to hear the insolvency administrator's avoidance action and referred the matter to the Alès Local Court; it also rejected the objection of connexity.
8 months and 21 days later · 266 days
- 9 March 2010France
9 March 2010France
Judgment of the Alès Local Court dated 9 March 2010
Alès Local Court
- Decision summary
- The Alès Local Court rejected the objection of connexity and held that the insolvency administrator's avoidance action was time-barred under the French Consumer Code.
1 year, 3 months and 14 days later · 471 days
- 23 June 2011France
23 June 2011France
Judgment of the French Court of Cassation, Second Civil Chamber dated 23 June 2011
French Court of Cassation, Second Civil Chamber
- Decision summary
- The Second Civil Chamber issued the judgment that was later set aside by the chamber's 17 November 2011 judgment, which ordered a new examination of the appeal.
4 months and 25 days later · 147 days
- 17 November 2011France
17 November 2011France
Judgment of the French Court of Cassation, Second Civil Chamber dated 17 November 2011
French Court of Cassation, Second Civil Chamber
- Decision summary
- The Second Civil Chamber set aside its 23 June 2011 judgment and ordered a new examination of the appeal.
10 months and 15 days later · 320 days
- 2 October 2012France
2 October 2012France
Judgment of the French Court of Cassation, Commercial Chamber dated 2 October 2012
French Court of Cassation, Commercial, Financial and Economic Chamber
- Decision summary
- The court partly quashed the 9 March 2010 judgment of the Alès Local Court. It upheld the rejection of the objection of connexity, but held that the avoidance action brought by the insolvency administrator was governed by German insolvency law, including its limitation rules, and remitted the remaining issues to the Nîmes Local Court.
Supporting details
5 authorities · 4 participantsFranck Y...
- Representative
- SCP Boré et Salve de Bruneton (For: Franck Y...)
Mr X...
Phoenix Kapitaldienst GmbH
French Court of Cassation, Commercial, Financial and Economic Chamber