Arbitral Digest

Matter

Georges X... v Africa Edge (French Court of Cassation, appeal X 16-23.199, 20 June 2018)

  1. 20 June 2018France

    20 June 2018France

    Judgment of the French Court of Cassation in the case X 16-23.199 dated 20 June 2018

    French Court of Cassation, Commercial, Financial and Economic Chamber

    Case no.
    X 16-23.199
    Decision summary
    The Court of Cassation quashed in its entirety the Paris Court of Appeal judgment of 30 June 2016 that had ordered Georges X... to pay Africa Edge €457,347.05 plus interest as guarantor of Eburnea's obligations. It held that the guaranteed debt could ultimately be less than the cap on the guarantee, which Georges X... could invoke, and remanded the case to the Paris Court of Appeal differently composed; Africa Edge was ordered to pay the costs and €3,000 under article 700 of the French Code of Civil Procedure.

    Supporting details

    3 authorities · 7 participants
    Georges X...
    Representative
    SCP Rocheteau et Uzan-Sarano (For: Georges X...)
    Africa Edge
    French Court of Cassation, Commercial, Financial and Economic Chamber
    Judge
    Z...
    Judge
    Rémery
    Other
    Institutional administrator
    Labat

    Authorities cited

    3
    • French Civil Code
      statute
    • French Code of Civil Procedure
      statute
    • French Court of Cassation, First Civil Chamber, judgment of 28 October 2015 (French Court of Cassation, First Civil Chamber, 28 October 2015, appeal no. 14-18.683)
      case-law

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Georges X... v Africa Edge (French Court of Cassation, appeal X 16-23.199, 20 June 2018) · Matter