Matter
Humano v Dargaud Editeur
Aliases: HSA v Dargaud Editeur
- 26 June 1992Arbitration
26 June 1992Arbitration
Arbitral Award dated 26 June 1992
- Decision summary
- The arbitral tribunal found that Humano breached the contractual non-compete clause concerning the Léonard series, awarded Dargaud Editeur 1,000,000 French francs in damages, and moderated the contractual penalty.
Supporting details
2 participantsHumano
Dargaud Editeur
7 months and 23 days later · 237 days
- 18 February 1993France
18 February 1993France
Judgment of the Paris Court of Appeal dated 18 February 1993
Paris Court of Appeal
- Decision summary
- The Paris Court of Appeal rejected Humano's application to annul the arbitral award concerning the contractual penalty and returns of unsold albums.
Supporting details
2 participantsHumano
Dargaud Editeur
Paris Court of Appeal
2 years, 9 months and 11 days later · 1014 days
- 29 November 1995France
29 November 1995France
Judgment of the French Court of Cassation, Second Civil Chamber dated 29 November 1995
French Court of Cassation, Second Civil Chamber
- Decision summary
- The Court of Cassation dismissed Humano's appeal against the rejection of its action to annul the arbitral award. It held that a tribunal deciding in law may moderate a contractual penalty of its own motion, and that the parties cannot exclude that statutory power. It also awarded Dargaud Editeur 12,000 French francs under Article 700 of the New Code of Civil Procedure, plus costs and enforcement expenses.
Supporting details
3 authorities · 12 participantsHumano
- Representative
- SCP Lyon-Caen, Fabiani et Thiriez (For: Humano)
Dargaud Editeur
- Representative
- SCP Waquet, Farge et Hazan (For: Dargaud Editeur)
French Court of Cassation, Second Civil Chamber
Other
- Institutional administrator
- Laumône