Cour de Cassation, Civ. 2, 11 January 2018, Pierre Estoup v. Bernard Tapie et al., no. 16-24740

An appeal is brought against the decision of the Paris Court of Appeal of 27 September 2016 declaring inadmissible the third objection brought by Judge Estoup in the Tapie case. The third opposition was intended to declare non-binding the magistrate Estoup, the judgment rendered by the Court of Appeal of Paris of February 17, 2015, retracting the award rendered by the arbitral tribunal in 2008 in favour of Bernard Tapie, in the dispute which opposed it to Crédit Lyonnais.

The Court of Cassation dismissed the appeal and confirmed the decision of the Paris Court of Appeal. It states “that no one can be judge and party; (…) that the arbitrator has a jurisdictional function prohibiting him to request that the decision whose purpose was to retract the sentences in which he had participated be declared unenforceable”. It also rejects “the allegation of excess of power allegedly committed by the court hearing the application for review, which is not such as to allow the conditions of interest and standing to be set aside to be removed inherent in the exercise of all legal remedies”.

2018-02-12T08:17:25+00:00 January 11th, 2018|Cour de cassation|0 Comments

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