Matter
GI Industrial Holding SpA v Aircom Climatisation and Others
- 5 September 2019France
5 September 2019France
Judgment of the Grenoble Court of Appeal in the case concerning GI Industrial Holding SpA and Aircom Climatisation dated 5 September 2019
Grenoble Court of Appeal, Commercial Chamber
- Decision summary
- The Grenoble Court of Appeal held the French courts competent to hear Aircom Climatisation's guarantee claim against GI Industrial Holding, rejecting GI Industrial's objection based on the jurisdiction clause in its standard terms. The Court of Cassation later quashed that ruling on this issue because the appellate court had not examined whether the parties' established business relationship demonstrated Aircom's acceptance of the clause.
Supporting details
8 participantsGI Industrial Holding SpA
Aircom Climatisation
Axa France IARD
HM Clause
PBH
MAAF Assurances
Strader
Moan
Grenoble Court of Appeal, Commercial Chamber
1 year, 6 months and 12 days later · 559 days
- 17 March 2021France
17 March 2021France
Partial cassation judgment of the French Court of Cassation, First Civil Chamber in appeal W 20-10.702 dated 17 March 2021
French Court of Cassation, First Civil Chamber
- Citation
- Judgment no. 227 F-D
- Decision summary
- The Court of Cassation partially quashed the Grenoble Court of Appeal's ruling insofar as it held the French courts competent to hear Aircom Climatisation's guarantee claim against GI Industrial Holding. It held that the appellate court had failed to examine whether the parties' established business relationship could demonstrate Aircom's acceptance of the jurisdiction clause in GI Industrial's standard terms, and remitted that issue to the Lyon Court of Appeal. Axa France IARD and Strader were ordered to pay the costs and EUR 3,000 to GI Industrial Holding under article 700 of the French Code of Civil Procedure.
Supporting details
2 authorities · 16 participantsGI Industrial Holding SpA
- Representative
- SCP Thouvenin, Coudray et Grévy (For: GI Industrial Holding SpA)
Aircom Climatisation
Axa France IARD
- Representative
- SCP Boutet et Hourdeaux (For: Axa France IARD)
HM Clause
PBH
MAAF Assurances
Strader
- Representative
- SCP Boré, Salve de Bruneton et Mégret (For: Strader)
Moan
French Court of Cassation, First Civil Chamber
Other
- Court Reporter
- Berthomier