Arbitral Digest

Matter

Haras des Coudrettes v Romain X..., Christina X..., and C... X... (French Court of Cassation, First Civil Chamber, case W 16-27.913)

  1. 25 October 2016France

    25 October 2016France

    Judgment of the Caen Court of Appeal, First Civil Chamber dated 25 October 2016

    Caen Court of Appeal, First Civil Chamber

    Decision summary
    The Caen Court of Appeal declared the French courts incompetent in favor of the Swiss courts and referred the parties to the Swiss court in the dispute concerning the injury to Haras des Coudrettes' mare during an equestrian competition in Switzerland.

    Supporting details

    4 participants
    Haras des Coudrettes
    Romain X...
    Christina X...
    C... X...
    Caen Court of Appeal, First Civil Chamber

    1 year, 4 months and 17 days later · 505 days

  2. 14 March 2018France

    14 March 2018France

    Judgment No. 147 FS-P+B of the French Court of Cassation, First Civil Chamber, in case W 16-27.913 dated 14 March 2018

    French Court of Cassation, First Civil Chamber

    Case no.
    W 16-27.913
    Citation
    No. 147 FS-P+B
    Decision summary
    The Court of Cassation set aside the Caen Court of Appeal judgment and held that the French court in whose jurisdiction the requested pre-trial expert examination was to be carried out, at least in part, could order that provisional measure even though Swiss courts had jurisdiction over the merits. It remitted the case to the Rouen Court of Appeal, ordered the opposing parties to pay costs, and awarded Haras des Coudrettes 3,000 euros under article 700 of the Code of Civil Procedure.

    Supporting details

    7 authorities · 21 participants
    Haras des Coudrettes
    Representative
    SCP Piwnica et Molinié (For: Haras des Coudrettes)
    Romain X...
    Representative
    SCP Foussard et Froger (For: Romain X... · Christina X... · C... X...)
    Christina X...
    Representative
    SCP Foussard et Froger (For: Romain X... · Christina X... · C... X...)
    C... X...
    Representative
    SCP Foussard et Froger (For: Romain X... · Christina X... · C... X...)
    French Court of Cassation, First Civil Chamber
    Judge
    Batut
    Judge
    Y...
    Judge
    Wallon
    Judge
    Reynis
    Judge
    Reygner
    Judge
    Bozzi
    Judge
    Auroy
    Judge
    Roth
    Judge
    Azar
    Advocate General
    Z...
    Other
    Institutional administrator
    Pecquenard

    Authorities cited

    7
    • French Code of Civil Procedure
      statute
    • French Judicial Organisation Code
      statute
    • Lugano Convention dated 30 October 2007 on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters
      statute
    • Lugano Convention dated 16 September 1988
      statute
    • Court of Justice of the European Communities judgment dated 30 November 1976
      case-law
    • Court of Justice judgment dated 19 September 1995
      case-law
    • Court of Justice judgment dated 10 June 2004
      case-law
  3. Date not availableFrance

    Date not availableFrance

    Interim relief order of the Lisieux Regional Court

    Lisieux Regional Court, Urgent Applications Division

    Decision summary
    The Lisieux Regional Court declared itself territorially incompetent to order the requested expert examination of the mare and referred Haras des Coudrettes to the Bern-Mittelland Regional Court.

    Supporting details

    5 participants
    Haras des Coudrettes
    Romain X...
    Christina X...
    C... X...
    Lisieux Regional Court, Urgent Applications Division
    Other

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Haras des Coudrettes v Romain X..., Christina X..., and C... X... (French Court of Cassation, First Civil Chamber, case W 16-27.913) · Matter