Arbitral Digest

Matter

Jean Daujas company v Corapack company (French Court of Cassation judgment of 10 May 2007)

  1. 5 August 2003Italy

    5 August 2003Italy

    Judgment of the Como Court dated 5 August 2003

    Como Court

    Decision summary
    The Como Court condemned Jean Daujas company to pay Corapack company EUR 19,591.20.

    Supporting details

    2 participants
    Jean Daujas company
    Corapack company
    Como Court

    2 years, 3 months and 10 days later · 833 days

  2. 15 November 2005France

    15 November 2005France

    Judgment of the Grenoble Court of Appeal dated 15 November 2005

    Grenoble Court of Appeal

    Decision summary
    The Grenoble Court of Appeal refused exequatur of the Como Court judgment, reasoning that the Italian court lacked jurisdiction under Brussels I Article 5(1) and Article 46 of the French New Code of Civil Procedure.

    Supporting details

    2 participants
    Jean Daujas company
    Corapack company
    Grenoble Court of Appeal

    1 year, 5 months and 25 days later · 541 days

  3. 10 May 2007France

    10 May 2007France

    Judgment of the French Court of Cassation, First Civil Chamber dated 10 May 2007

    French Court of Cassation, First Civil Chamber

    Decision summary
    The Court of Cassation quashed and annulled the Grenoble Court of Appeal judgment that had refused exequatur of the Como Court judgment on the ground that the Italian court lacked jurisdiction. It held that, under Brussels I, the court deciding exequatur does not review the jurisdiction of the court of origin, remanded the case to a differently composed Grenoble Court of Appeal, ordered Jean Daujas company to pay the costs, and rejected Corapack's claim under Article 700 of the French New Code of Civil Procedure.

    Supporting details

    4 authorities · 2 participants
    Jean Daujas company
    Corapack company
    French Court of Cassation, First Civil Chamber

    Authorities cited

    4
    • Council Regulation (EC) No. 44/2001 (Brussels I) (Council Regulation (EC) No. 44/2001 of 22 December 2000 (Brussels I), Article 35(3))
      statute
    • Council Regulation (EC) No. 44/2001 (Brussels I) (Council Regulation (EC) No. 44/2001 of 22 December 2000 (Brussels I), Article 5(1))
      statute
    • French New Code of Civil Procedure, Article 46
      statute
    • French New Code of Civil Procedure, Article 700
      statute

Matter record

Report a correction

Jean Daujas company v Corapack company (French Court of Cassation judgment of 10 May 2007) · Matter