Collo vs McDo

Cassation & ECHR · 10 Jan 2001

Cassation — McDonald's application

Application submitted by McDonald's France to the Court of Cassation.

Type
Appeal / remedy
Court
The Court of Cassation
Date
10 Jan 2001
Parties
From McDonald's France

Summary

Summary sheet

Application for removal from the list — McDonald's France · Court of Cassation

Overview: application submitted on behalf of SA McDonald's France by SCP Delaporte-Briard, counsel at the Conseil d'État and the Court of Cassation, against Bernard Collorafi and the companies SEBOL, B & O and LES PINS, on the basis of article 1009-1 of the new Code of Civil Procedure.

Key points

The application relates to appeal to the Court of Cassation no. X/00-14.487 lodged by Mr Collorafi and his three companies against the judgment ordering them to pay McDonald's France various sums, with interest at the statutory rate, in respect of unpaid fees. That same judgment also ordered McDonald's to pay the claimants sums in respect of the damage arising from the termination of the agreements. The application points out that the total amount awarded against McDonald's is far lower than that awarded against the claimants, who therefore remain debtors. As the latter have not paid the sums due to McDonald's under the judgment under appeal, the company requests that the appeal be removed from the list.

Significance

This document seeks to have the examination of the appeal to the Court of Cassation suspended for as long as the claimants do not comply with the appeal decision, a procedural pressure mechanism provided for by article 1009-1.

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COPY S.C.P. DELAPORTE-BRIARD IN IVAON bactato de la Forge 75017 PASSS NOILYSSY? COURT OF CASSATION FIRST PRESIDENCY APPLICATION (art. 1009-1 of the new Code of Civil Procedure) FOR : The SA MC DONALD'S FRANCE; AGAINST 4°) Monsieur Bernard COLLORAFI; The S.A. SEBOL; The S.A.R.L. B & O; The S.A.R.L. LES PINS; SCP A. BOUZIDI Appeal no. X/00-14.487 Monsieur COLLORAFI, the company SEBOL, the SARL B & O as well as the SARL LES PINS have appealed to the Court of Cassation against the judgment which ordered them to pay to the company MC DONALD'S FRANCE various sums bearing interest at the legal rate as unpaid fees (royalties). This same judgment also ordered the company MC DONALD'S FRANCE to pay to the appellants various sums in respect of the loss arising from the termination of the agreements which bound the parties. However, the overall amount of the orders made against the company MC DONALD'S FRANCE is considerably lower than the overall amount of the orders made against the appellants, who are consequently debtors of the company MC DONALD'S France by virtue of the judgment under appeal. The appellants not having paid the sums due to the company MC DONALD'S France by virtue of the judgment they have appealed, the latter is well founded in seeking the removal of the appeal from the list in application of article 1009-1 of the new Code of Civil Procedure. Société Civile Professionnelle DELAPORTE & BRIARD Advocate to the Conseil d'Etat and to the Court of Cassation

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Other documents — Cassation & ECHR

Cassation — defence to application7 Mar 2001Cassation — supplementary deliberation19 Mar 2001ECHR — application20 Mar 2001Cassation — order4 Apr 2001Brief to the Court of Cassation — Collorafi1 Oct 2001Cassation brief — McDonald's1 Oct 2001

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