Matter
Jani-King Franchising Inc. v Falco Franchising (French Court of Cassation H 19-19.471)
- 25 October 2016United States
25 October 2016United States
Final summary judgment of the District Court of Dallas County, Texas dated 25 October 2016
District Court of Dallas County, Texas
- Decision summary
- The Dallas court ordered Falco Franchising and, jointly, B... V... and F... to pay Jani-King Franchising Inc. amounts arising from the franchise dispute: Falco for breach of contract, and the individuals for fraud by non-disclosure and collusion.
Supporting details
6 participantsJani-King Franchising Inc.
Falco Franchising
B... V...
F...
T...
C...
District Court of Dallas County, Texas
1 year, 2 months and 14 days later · 440 days
- 8 January 2018Belgium
8 January 2018Belgium
Order of the French-speaking Court of First Instance of Brussels dated 8 January 2018
French-speaking Court of First Instance of Brussels
- Decision summary
- The Brussels court prohibited enforcement in Belgium of the Dallas judgment. The Court of Cassation held that this Belgian order did not determine the French exequatur proceedings.
1 year, 5 months and 17 days later · 533 days
- 25 June 2019France
25 June 2019France
Judgment of the Paris Court of Appeal dated 25 June 2019
Paris Court of Appeal
- Decision summary
- The Paris Court of Appeal declared the Dallas judgment of 25 October 2016 enforceable in France in proceedings brought by Jani-King Franchising Inc. against B... V.... The Court of Cassation later quashed this decision.
Supporting details
2 participantsJani-King Franchising Inc.
B... V...
Paris Court of Appeal
1 year, 8 months and 6 days later · 617 days
- 3 March 2021France
3 March 2021France
Judgment of the French Court of Cassation, First Civil Chamber, in the case H 19-19.471 dated 3 March 2021
French Court of Cassation, First Civil Chamber
- Citation
- Arrêt no 182 FS-P
- Decision summary
- The Court of Cassation quashed the Paris Court of Appeal's decision granting exequatur in France to the Dallas judgment and remanded the matter to a differently composed Paris Court of Appeal. It held that the exequatur court had to verify, under Article 509 of the French Code of Civil Procedure, the foreign court's indirect international jurisdiction by examining the dispute's sufficiently close connection with that court. Jani-King Franchising Inc. was ordered to pay costs and EUR 3,000 to B... V... under Article 700 of the French Code of Civil Procedure.
Supporting details
2 authorities · 19 participantsB... V...
- Representative
- SCP Gatineau, Fattaccini et Rebeyrol (For: B... V...)
Jani-King Franchising Inc.
- Representative
- SARL Matuchansky, Poupot et Valdelièvre (For: Jani-King Franchising Inc.)
French Court of Cassation, First Civil Chamber
- Judge
- Batut
- Judge
- Fulchiron
- Judge
- Auroy
- Judge
- Antoine
- Judge
- Vigneau
- Judge
- Bozzi
- Judge
- Poinseaux
- Judge
- Dard
- Judge
- Mouty-Tardieu
- Judge
- Gargoullaud
- Judge
- Azar
- Judge
- Buat-Ménard
- Judge
- Feydeau-Thieffry
- Advocate General
- Caron-Deglise
- Court clerk
- Berthomier
- Date not availableUnited States
Date not availableUnited States
Jurisdiction decision of the Court of Appeals for the Fifth District of Dallas, Texas
Court of Appeals for the Fifth District of Dallas, Texas
- Decision summary
- The Dallas appellate court made findings concerning the Texas contacts of B... V... and F... and held that the Texas court could determine the alleged fraudulent concert connected with the Jani-King franchise dispute.
Supporting details
3 participantsJani-King Franchising Inc.
B... V...
F...
Court of Appeals for the Fifth District of Dallas, Texas