Versailles Court of Appeal, 15 March 2018, Asentinel v. Neobis, no. 17/05458

Waiting for an award to be rendered, Neobis summoned Assentinel in accordance with Articles 872 and 873 of the French Code of Civil Procedure to order the forced execution of a supply contract until a certain date and to grant interim measures. On 5 July 2017, the president of the high court of Nanterre dismissed Noebis’ claims, the latter appealed.  The Appeal Court finds that the nullity of the unilateral termination of the contract operated by Asentinel is not patently unlawful and the emergency of the situation is unfounded to request the forced execution of the contract. Nonetheless, the interim measures have been granted to Neobus as the immediate stoppage of the services by Asentinel characterizes a patently unlawful disturbance due to the disrespect of clear and unambiguous contractual provisions.

2018-06-27T05:28:47+00:00 March 15th, 2018|Court of Appeal, Versailles Court of Appeal|0 Comments

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