Judgment of the Court of Cassation

COMM. CH.B COURT OF CASSATION Public hearing of 6 May 2002 Non-admission Mr DUMAS, president Appeal no. X 00-14.487 Judgment no. 10131 F FRENCH REPUBLIC IN THE NAME OF THE FRENCH PEOPLE FINANCIERE E COUNOMIQUE, REnON aCHA SURE COMMERCIALE. On the appeal lodged by: 1°) Mr Bernard Collorafi, residing at 21 B, chemin de l'Estelle, 06110 Le Cannet, 2°) the company Les Pins, a limited liability company (société à responsabilité limitée), whose registered office is at 32, avenue de Cannes, 06160 Juan-les-Pins, 3°) the company Sebol, a public limited company (société anonyme), whose registered office is at the Carrefour shopping centre, chemin de Saint-Claude, 06600 Antibes, 4°) the company B et O, a limited liability company (société à responsabilité limitée), whose registered office is at rond-point Weiseller, route de Grasse, 06600 Antibes, against two judgments delivered on 9 December 1998 and 8 March 2000 by the Paris Court of Appeal (16th chamber - section A), in favour of the company Mac Donald's France, whose registered office is at 1, rue Gustave Eiffel, 78041 Guyancourt Cedex France, respondent to the appeal to the Court of Cassation; Having regard to the communication made to the Procureur général; THE COURT, at the public hearing of 12 March 2002, at which were present: Mr Dumas, president, Mrs Mouillard, conseiller référendaire, reporting judge, Mr Métivet, conseiller, Mr Feuillard, avocat général, Mrs Arnoux, chamber registrar; On the report of Mrs Mouillard, conseiller référendaire, the submissions of SCP Bouzidi, counsel for Mr Collorafi and the companies Les Pins, Sebol, B et O, of SCP Delaporte et Briard, counsel for the company Mac Donald's France, the conclusions of Mr Feuillard, avocat général, and after deliberation in accordance with the law; Having regard to article L. 131-6 of the Code of Judicial Organisation; Takes note of the resumption of proceedings by Mr Gauthier, liquidator in the compulsory liquidations of the companies Les Pins and B et O; Whereas the grounds of appeal annexed to this decision, relied on against the contested decision, are not such as to allow the appeal to be admitted; DECLARES the appeal not admitted; Orders the applicants to pay the costs; Having regard to article 700 of the New Code of Civil Procedure, orders them to pay to the company Mac Donald's the sum of 2,250 euros; Thus decided by the Court of Cassation, Commercial, Financial and Economic Chamber, and delivered by the president at its public hearing of six May two thousand and two.