Arbitral Digest

Matter

GREYLAG GOOSE LEASING 1410 DESIGNATED ACTIVITY COMPANY v S.A.S. GARUDA INDONESIA HOLIDAY FRANCE

Substantive governing law
New York law
  1. 19 December 2021Indonesia

    19 December 2021Indonesia

    Order of the Jakarta Commercial Court dated 19 December 2021

    Jakarta Commercial Court

    Decision summary
    The Jakarta Commercial Court opened a suspension-of-payments collective proceeding for Garuda Indonesia and stayed enforcement proceedings, forming procedural background to the lease-claim dispute.

    Supporting details

    2 participants
    PT Garuda Indonesia (Persero) Tbk
    GREYLAG GOOSE LEASING 1410 DESIGNATED ACTIVITY COMPANY
    Jakarta Commercial Court

    6 months and 8 days later · 190 days

  2. 27 June 2022Indonesia

    27 June 2022Indonesia

    Judgment of the Jakarta Commercial Court dated 27 June 2022

    Jakarta Commercial Court

    Decision summary
    The Jakarta Commercial Court homologated Garuda Indonesia’s restructuring plan. The plan provided aircraft lessors with newly issued bonds and shares in proportion to admitted claims and included an abandonment of lessors’ claims.

    Supporting details

    2 participants
    PT Garuda Indonesia (Persero) Tbk
    GREYLAG GOOSE LEASING 1410 DESIGNATED ACTIVITY COMPANY
    Jakarta Commercial Court
  3. 27 June 2022France

    27 June 2022France

    Order of the Paris Judicial Court enforcement judge dated 27 June 2022

    Enforcement Judge, Paris Judicial Court

    Decision summary
    The enforcement judge authorised Greylag to make conservatory seizures over Garuda France’s bank accounts; the seizures were made on 5 July 2022.

    Supporting details

    2 participants
    GREYLAG GOOSE LEASING 1410 DESIGNATED ACTIVITY COMPANY
    S.A.S. GARUDA INDONESIA HOLIDAY FRANCE
    Enforcement Judge, Paris Judicial Court

    4 months and 29 days later · 151 days

  4. 25 November 2022France

    25 November 2022France

    Judgment of the Paris Commercial Court dated 25 November 2022 in case RG 2022042753

    Paris Commercial Court

    Case no.
    RG 2022042753
    Decision summary
    The court found that Greylag did not have a certain, liquid and enforceable claim against Garuda France, rejected the application to open liquidation proceedings, rejected Garuda France’s abuse-of-process damages claim, and ordered Greylag to pay EUR 10,000 under Article 700.

    Supporting details

    2 participants
    GREYLAG GOOSE LEASING 1410 DESIGNATED ACTIVITY COMPANY
    S.A.S. GARUDA INDONESIA HOLIDAY FRANCE
    Paris Commercial Court

    2 months and 15 days later · 76 days

  5. 9 February 2023France

    9 February 2023France

    Decision of the Paris Judicial Court enforcement judge dated 9 February 2023

    Enforcement Judge, Paris Judicial Court

    Decision summary
    The enforcement judge ordered the release of conservatory seizures over Garuda France’s accounts because the claimed debt was not established in light of the Jakarta plan-homologation judgment.

    Supporting details

    2 participants
    GREYLAG GOOSE LEASING 1410 DESIGNATED ACTIVITY COMPANY
    S.A.S. GARUDA INDONESIA HOLIDAY FRANCE
    Enforcement Judge, Paris Judicial Court

    10 months and 5 days later · 308 days

  6. 14 December 2023France

    14 December 2023France

    Judgment of the Paris Court of Appeal in case RG 23/01041 dated 14 December 2023

    Paris Court of Appeal

    Case no.
    RG 23/01041
    Decision summary
    The Court of Appeal held that Greylag’s lease claim was manifestly disputed and therefore did not constitute an immediately enforceable liability for insolvency purposes. It rejected Greylag’s requests for a stay and for liquidation or restructuring proceedings against Garuda France, confirmed the rejection of Garuda France’s abuse-of-process claim, and ordered Greylag to pay costs including EUR 30,000 under Article 700 of the French Code of Civil Procedure.

    Supporting details

    2 authorities · 13 participants
    GREYLAG GOOSE LEASING 1410 DESIGNATED ACTIVITY COMPANY
    Representative
    Matthieu Boccon Gibod (For: GREYLAG GOOSE LEASING 1410 DESIGNATED ACTIVITY COMPANY)
    Representative
    SELARL LEXAVOUE PARIS-VERSAILLES (For: GREYLAG GOOSE LEASING 1410 DESIGNATED ACTIVITY COMPANY)
    Representative
    Nicolas CROCQ (For: GREYLAG GOOSE LEASING 1410 DESIGNATED ACTIVITY COMPANY)
    Representative
    Julien DE MICHELE (For: GREYLAG GOOSE LEASING 1410 DESIGNATED ACTIVITY COMPANY)
    S.A.S. GARUDA INDONESIA HOLIDAY FRANCE
    Representative
    Benjamin MOISAN (For: S.A.S. GARUDA INDONESIA HOLIDAY FRANCE)
    Representative
    SELARL BAECHLIN MOISAN Associés (For: S.A.S. GARUDA INDONESIA HOLIDAY FRANCE)
    Representative
    Aude DUPUIS (For: S.A.S. GARUDA INDONESIA HOLIDAY FRANCE)
    Paris Court of Appeal
    Other
    Institutional administrator
    Saoussen HAKIRI

    Authorities cited

    2
    • French Commercial Code
      statute
    • French Code of Civil Procedure
      statute

Matter record

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GREYLAG GOOSE LEASING 1410 DESIGNATED ACTIVITY COMPANY v S.A.S. GARUDA INDONESIA HOLIDAY FRANCE · Matter