Arbitral Digest

Matter

Humsa and 101 dismissed employees recognition and enforcement proceedings

  1. 30 May 1994Spain

    30 May 1994Spain

    Judgment of the Huesca Social Affairs Court dated 30 May 1994

    Huesca Social Affairs Court

    Decision summary
    The Huesca Social Affairs Court declared the dismissal of 101 Humsa employees illegal and ordered Humsa and the named Spanish and French group companies jointly to reinstate them or pay termination indemnities.

    Supporting details

    5 participants
    101 dismissed employees
    Humsa
    Ateliers de la Chainette
    Ermont CM
    Fayat compagnie financière
    Huesca Social Affairs Court

    1 month and 1 day later · 32 days

  2. 1 July 1994Arbitration

    1 July 1994Arbitration

    Order of the Huesca Social Affairs Court dated 1 July 1994

    Decision summary
    After the employees were not reinstated, the Huesca Social Affairs Court ordered Humsa and the other named Spanish and French group companies to pay termination indemnities.

    Supporting details

    6 participants
    M. Abadia Y...
    100 other employees
    Humsa
    Ateliers de la Chainette
    Ermont CM
    Fayat compagnie financière

    2 months and 1 day later · 63 days

  3. 2 September 1994Arbitration

    2 September 1994Arbitration

    Order of the Huesca Social Affairs Court dated 2 September 1994

    Decision summary
    The Huesca Social Affairs Court ordered enforcement for 1.162 billion pesetas in principal and 350 million pesetas as a provision for interest, costs and expenses, and ordered seizure of the assets of the five companies concerned.

    Supporting details

    6 participants
    M. Abadia Y...
    100 other employees
    Humsa
    Ateliers de la Chainette
    Ermont CM
    Fayat compagnie financière

    3 years later · 1096 days

  4. 2 September 1997France

    2 September 1997France

    Judgment of the Bordeaux Court of Appeal dated 2 September 1997

    Bordeaux Court of Appeal

    Decision summary
    The Bordeaux Court of Appeal rejected recognition and enforcement of the Spanish labour-court decisions, relying on procedural and civil or commercial public-policy grounds.

    Supporting details

    2 participants
    X... and others
    Applicant companies
    Bordeaux Court of Appeal

    2 years, 5 months and 6 days later · 889 days

  5. 8 February 2000France

    8 February 2000France

    Judgment of the French Court of Cassation dated 8 February 2000 concerning recognition and enforcement of Spanish decisions

    French Court of Cassation

    Decision summary
    The French Court of Cassation quashed the Bordeaux Court of Appeal's 2 September 1997 judgment in all its provisions. It held that the Brussels Convention exhaustively specifies the grounds for refusing recognition and enforcement, prohibits review of the merits, and required remittal to the Bordeaux Court of Appeal.

    Supporting details

    3 authorities · 6 participants
    M. Abadia Y...
    100 other employees
    Humsa
    Ateliers de la Chainette
    Ermont CM
    Fayat compagnie financière
    French Court of Cassation

    Authorities cited

    3
    • Brussels Convention of 27 September 1968, as amended by the San Sebastián Convention of 26 May 1989
      treaty
    • French New Code of Civil Procedure
      statute
    • European Convention on Human Rights
      treaty
  6. Date not availableArbitration

    Date not availableArbitration

    Order of the President of the Bordeaux Court of First Instance declaring the Spanish decisions enforceable

    Decision summary
    The President of the Bordeaux Court of First Instance declared the three Spanish decisions enforceable.

    Supporting details

    6 participants
    M. Abadia Y...
    100 other employees
    Humsa
    Ateliers de la Chainette
    Ermont CM
    Fayat compagnie financière

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Humsa and 101 dismissed employees recognition and enforcement proceedings · Matter