Arbitral Digest

Matter

Froidcam v Mr O. and others (French Court of Cassation, First Civil Chamber, appeal B 17-30.912, decision 10278 F, 15 May 2019)

French proceedings concerning recognition and enforcement of a Cameroonian judgment and the refusal of exequatur in France.

  • Enforcement of foreign judgments

Procedural record

  1. 9 January 2003Cameroon

    9 January 2003Cameroon

    Douala-Bonanjo Court of First Instance Judgment of 9 January 2003

    Douala-Bonanjo Court of First Instance

    Decision summary
    The court rendered a default judgment against Mr O. in proceedings brought by Froidcam.

    Participants

    Froidcam
    Mr O...
    Douala-Bonanjo Court of First Instance

    2 years, 4 months and 15 days later · 866 days

  2. 24 May 2005Cameroon

    24 May 2005Cameroon

    Littoral Court of Appeal Judgment of 24 May 2005

    Littoral Court of Appeal

    Decision summary
    The court remanded the case to the Court of First Instance to decide Mr O.'s opposition before addressing the merits.

    Participants

    Froidcam
    Mr O...
    Littoral Court of Appeal

    8 months and 30 days later · 275 days

  3. 23 February 2006Cameroon

    23 February 2006Cameroon

    Douala-Bonanjo Court of First Instance Judgment of 23 February 2006

    Douala-Bonanjo Court of First Instance

    Decision summary
    The court declared Mr O.'s opposition to the 9 January 2003 judgment non-existent and increased the damages awarded to Froidcam from 30,000,000 to 220,000,000 CFA francs.

    Participants

    Froidcam
    Mr O...
    Douala-Bonanjo Court of First Instance

    3 years, 7 months and 22 days later · 1330 days

  4. 15 October 2009Cameroon

    15 October 2009Cameroon

    Littoral Court of Appeal Judgment of 15 October 2009

    Littoral Court of Appeal

    Decision summary
    The court noted Froidcam's withdrawal of its appeal against the 9 January 2003 judgment and declared Mr O.'s appeal against the 23 February 2006 judgment inadmissible as out of time.

    Participants

    Froidcam
    Mr O...
    Littoral Court of Appeal

    1 year, 9 months and 6 days later · 644 days

  5. 21 July 2011Cameroon

    21 July 2011Cameroon

    Supreme Court of Cameroon Decision on the First Appeal

    Supreme Court of Cameroon

    Decision summary
    The Supreme Court of Cameroon declared inadmissible the appeal filed for Mr O. against the 15 October 2009 judgment.

    Participants

    Mr O...
    Supreme Court of Cameroon

    1 year, 3 months and 17 days later · 475 days

  6. 7 November 2012France

    7 November 2012France

    Lorient Regional Court Judgment of 7 November 2012

    Lorient Regional Court

    Decision summary
    The court rejected Froidcam's application for exequatur of the 23 February 2006 judgment of the Douala-Bonanjo Court of First Instance.

    Participants

    Froidcam
    Mr O...
    Lorient Regional Court

    4 years, 7 months and 6 days later · 1679 days

  7. 13 June 2017France

    13 June 2017France

    Rennes Court of Appeal Judgment of 13 June 2017

    Rennes Court of Appeal, First Chamber

    Decision summary
    The court refused Froidcam's application for exequatur of the Douala-Bonanjo Court of First Instance judgment and confirmed the Lorient Regional Court judgment.

    Participants

    Froidcam
    Mr O...
    Rennes Court of Appeal, First Chamber

    1 year, 11 months and 2 days later · 701 days

  8. 15 May 2019France

    15 May 2019France

    Decision of the French Court of Cassation, First Civil Chamber, No. 10278 F, appeal B 17-30.912, dated 15 May 2019

    French Court of Cassation, First Civil Chamber

    Case no.
    B 17-30.912
    Citation
    Decision No. 10278 F
    Decision summary
    The Court of Cassation rejected Froidcam's appeal against the Rennes Court of Appeal judgment refusing exequatur of the Douala-Bonanjo Court of First Instance judgment. It ordered Froidcam to pay the costs and rejected its application under Article 700 of the French Code of Civil Procedure.

    Participants

    Froidcam
    Representative
    SCP Baraduc, Duhamel et Rameix (For: Froidcam)
    Mme G... N..., veuve O...
    Mme V... R...
    French Court of Cassation, First Civil Chamber
    Judge
    Mme Batut
    Judge
    M. Hascher
    Judge
    Mme Wallon
    Other
    Institutional administrator
    Mme Pecquenard

    Authorities cited

    8
    • French Code of Civil Procedure
      statute
    • Agreement on Judicial Cooperation dated 21 February 1974
      statute
    • Decree No. 75-1154 dated 8 December 1975
      statute
    • Cameroonian Code of Criminal Investigation
      statute
    • Munzer Judgment (Civ. 1ère, 7 January 1964, Munzer Judgment)
      case-law
    • Cornelissen Judgment (Civ. 1ère, 20 February 2007, Cornelissen Judgment)
      case-law
    • Pellegrini v Italy (Civ. 1ère, 20 July 2001, Pellegrini v Italy)
      case-law
    • European Convention for the Protection of Human Rights and Fundamental Freedoms
      statute
  9. Date not availableCameroon

    Date not availableCameroon

    Supreme Court of Cameroon Decision on the Second Appeal

    Supreme Court of Cameroon

    Decision summary
    The Supreme Court of Cameroon rejected the appeal filed for Mme R., as successor in title to Mr O., against the 15 October 2009 judgment.

    Participants

    Mme R...
    Supreme Court of Cameroon

Matter record

Report a correction

Froidcam v Mr O. and others (French Court of Cassation, First Civil Chamber, appeal B 17-30.912, decision 10278 F, 15 May 2019) · Matter