FRENCH REPUBLICIN THE NAME OF THE FRENCH PEOPLE
On the sole means:Having regard to article 1692 of the Civil Code;
Whereas the assignment of a debt includes the accessories of the debt;
Whereas, according to the judgment under appeal, the company Quille Le Trident (the company Quille) having subcontracted the performance of certain works to it, the company Sigma Bâtiment (the company Sigma) ordered the necessary materials from the company CEE Euro insulation (the company CEE) and granted it an assignment of receivables on the company Quille up to the amount of the work which had been entrusted to it; that, despite the meaning of the cession of debt, the company Quille settled certain sums to the company Sigma, since then in liquidation judicial; that assigned in payment by the company EEC, assignee of the debt of the company Sigma, the company Quille raised the incompetence of a commercial court because of the arbitration clause stipulated in the subcontracting contract;
Whereas, to reject the contradiction, the judgment retains that, in the event that only a claim has been assigned, the arbitration clause inserted in the contract to which the assignee was not a party, due to the principle of autonomy which is attached to it, could not be transmitted;
That by ruling thus, while the arbitration clause had been transmitted to the assignee with the debt , the court of appeal violated the aforementioned text;
FOR THESE REASONS :
BREAK AND CANCELED, in all its provisions, the judgment delivered on November 25, 1999, between the parties, by the Rouen Court of Appeal; returns, consequently, the cause and the parts in the state where they were before the aforementioned judgment and, to be done right, returns them before the court of appeal of Paris.