Arbitral Digest

Matter

Hellenic Shipyards SA v Hellenic Corporation of Assets & Participations SA (French enforcement proceedings)

  1. 13 February 2018France

    13 February 2018France

    Order of the Paris enforcement judge dated 13 February 2018

    Enforcement Judge of the Paris Tribunal de grande instance

    Decision summary
    The Paris enforcement judge rejected Hellenic Shipyards' request for authorization to attach funds allegedly held by Hellenic Corporation of Assets & Participations at HSBC in Paris.

    Supporting details

    2 participants
    Hellenic Shipyards SA
    Hellenic Corporation of Assets & Participations SA
    Enforcement Judge of the Paris Tribunal de grande instance

    1 year, 4 months and 14 days later · 499 days

  2. 27 June 2019France

    27 June 2019France

    Paris Court of Appeal order in case RG 18/05246 dated 27 June 2019

    Paris Court of Appeal

    Case no.
    RG 18/05246
    Citation
    Order of 27 June 2019
    Decision summary
    The Paris Court of Appeal treated Hellenic Corporation of Assets & Participations as an emanation of Greece and authorized Hellenic Shipyards to attach half of the funds in its alleged HSBC account; the attachment was unsuccessful.

    Supporting details

    2 participants
    Hellenic Shipyards SA
    Hellenic Corporation of Assets & Participations SA
    Paris Court of Appeal

    3 years, 2 months and 19 days later · 1176 days

  3. 15 September 2022France

    15 September 2022France

    Paris Court of Appeal judgment in case RG 20/00419 dated 15 September 2022

    Paris Court of Appeal

    Case no.
    RG 20/00419
    Citation
    Judgment of 15 September 2022
    Decision summary
    The Paris Court of Appeal declared Hellenic Corporation of Assets & Participations' request for retraction admissible but rejected it, maintaining the authorization to attach funds and the classification of HCAP as an emanation of the Greek State.

    Supporting details

    2 participants
    Hellenic Corporation of Assets & Participations SA
    Hellenic Shipyards SA
    Paris Court of Appeal

    3 years, 9 months and 2 days later · 1371 days

  4. 17 June 2026France

    17 June 2026France

    Partial cassation judgment of the Court of Cassation, First Civil Chamber, in case T 23-10.435 dated 17 June 2026

    French Court of Cassation, First Civil Chamber

    Case no.
    T 23-10.435
    Citation
    Arrêt no. 393 FS-B
    Decision summary
    The Court of Cassation partially quashed without remand the Paris Court of Appeal judgment of 15 September 2022, ordered retraction of the 27 June 2019 attachment authorization, and confirmed the 13 February 2018 enforcement order. It held that HCAP could not be treated as an emanation of the Greek State where that classification would undermine the conditions and purpose of European Stability Mechanism assistance; creditors of the Greek State therefore could not enforce in France against HCAP's assets. Hellenic Shipyards was ordered to pay the costs and EUR 6,000 under Article 700 of the French Code of Civil Procedure.

    Supporting details

    7 authorities · 13 participants
    Hellenic Corporation of Assets & Participations SA
    Representative
    SCP Melka-Prigent-Drusch (For: Hellenic Corporation of Assets & Participations SA)
    Hellenic Shipyards SA
    French Court of Cassation, First Civil Chamber
    Advocate General
    Mme Bonhomme
    Other
    Institutional administrator
    Mme Babut

    Authorities cited

    7
    • French Civil Code, Article 2284
      statute
    • Treaty on the Functioning of the European Union, Article 136(3)
      treaty
    • European Council Decision 2011/199/EU of 25 March 2011
      decision
    • Treaty Establishing the European Stability Mechanism of 2 February 2012, Article 12(1)
      treaty
    • French Code of Judicial Organization, Articles R. 431-5 and L. 411-3(2)
      statute
    • French Code of Civil Enforcement Procedures, Article L. 111-1-2(3)
      statute
    • French Code of Civil Procedure, Articles 1015, 627 and 700
      statute
  5. Date not availableArbitration

    Date not availableArbitration

    Arbitral award ordering the Greek State to pay Hellenic Shipyards SA

    Decision summary
    The arbitral award ordered the Greek State to pay a sum to Hellenic Shipyards SA.

    Supporting details

    2 participants
    Greek State
    Hellenic Shipyards SA

Matter record

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Hellenic Shipyards SA v Hellenic Corporation of Assets & Participations SA (French enforcement proceedings) · Matter