International Trade
| REVIEWED DECISION (S): Cour de Cassation, 1 st civil chamber, May 15, 2001, SA for the application of optics and electronics to research and automation (Optelec) v Company Midtronics BV
AUTHOR (S): Raynard, Jacques REFERENCE: La Semaine juridique, Edition générale, n ° 48, November 28, 2001, pp. 2208-2215 KEYWORDS: Commercial contracts, international distribution contract, exclusive concession, jurisdiction, article 5, paragraph 1 of the Brussels Convention of September 27, 1968, applicable law, article 4 of the Rome Convention of June 19, 1980 The Court of Appeal noted that the plaintiff company had filed a single claim for damages which sought to recognize the unfair nature of the breach of contract, the acts of unfair competition alleged against the defendant company appearing only as consequences. subsequent to the termination of contractual relations for which the fault is attributed to this company. After having thus characterized the obligation serving as the basis for the request, it deduced that the plaintiff company could not invoke the special provisions of Article 5 paragraph 1 of the Brussels Convention. By holding that the supply of the product was the characteristic service of the distribution contract and emanated from the defendant whose seat is in the Netherlands, the Court made a correct application of the |
REVIEWED DECISION Court of Cassation, Criminal Chamber, November 10, 2000, number 97-86490,
AUTHOR (S) Mousseron, Pierre
Reference Law and Heritage , n ° 91 , 03/01/2001 , pp. 119-121
KEYWORDS International trade operations, legal option, fraud, criminal law, complicity
| REVIEWED DECISION
AUTHOR (S) Kaplan, Charles; Cuniberti, Gilles Reference JCP E Semaine Juridique (company edition) , n ° 5 , 02/01/2001 , pp. 223-227 KEYWORDS Arbitration, civil proceedings from execution, immunity from execution, waiver, conditions, article 24 of the Arbitration Rules of the International Chamber of Commerce (ICC), seizure, UNESCO, mention, unequivocal will, public service activity , article 1, paragraph 3 of the law , n ° 91-650 of July 9, 1991, forced execution, precautionary measures, release, implicit will, subscription of an arbitration clause, waiver of immunity from jurisdiction, execution in good faith , diplomatic relations, property, seizure, diplomatic immunity, private activity, Vienna Convention of April 18, 1961, Council of Europe Recommendation of June 12, 1997, debts of diplomatic missions |