Thursday, June 30, 2016

Bernard Tapie finally returned to the ropes – Liberation

The Court of Cassation whistles the end of the game. Thursday, the highest French court has finally approved the cancellation of arbitration which, in July 2008, granted to Bernard Tapie 403 million euros in damages (of which 250 were returned at the net).

the ultimate recourse of the businessman was to argue that its dispute for nearly a quarter century in the Consortium of achievement (CDR, a public body having inherited antiques litigation Credit Lyonnais) to About resale Adidas would be international in nature: a German box was bought in 1990 by a French minister future, then sold in 1993 to a businessman based in Luxembourg (Robert-Louis Dreyfus) supported for the occasion by offshore shells registered in the Cayman islands in the care of the bank. “This is essential” , the Supreme Court noted in an explanatory statement of its judgment: if the dispute is international, only a newly constituted arbitral tribunal could remake the game; if Franco-French, the Court of Appeal of Paris would be perfectly competent to revisit the history – it will not hesitate to make a stop in February 2015

subtle reasoning.

in the body of its decision, the Supreme Court adopts a subtle reasoning “. This is the time of arbitration that appreciates its internationality” And when under the presidency of Nicolas Sarkozy, the principle of arbitration replacing the legal proceedings is adopted in high places, “international dimension that had existed disappeared” …

However, it is not near – or ready – make money. Furthermore it is placed for six months under the backup plan (one notch below the personal bankruptcy) system that can temper the ardor of creditors, the decision of the Court of Cassation only validates the arrest in February 2015 the court of appeal, merely, at first, to cancel the disputed arbitration.

But this is a second judgment, delivered in December 2015, the same appeal court, revisiting the merits of the dispute Adidas, thought he did not deserve damages. This judgment then subject to another appeal on points, not yet examined today. A possible extension of the match

We are talking about civil, which is played mostly in financial matters. – Pay the money or not, and if so how much. In criminal law, for the survey “scam judgment” [always about the dispute arbitration, note] has been closed by investigating judges. It will largely fueled the financial dispute, contradicting the old legal adage “Criminal holds the civil.” Again, multiple appeals are in progress, of which maintain some suspense, even if Mass seems mainly spoken.

Renaud Lecadre


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