Collo vs McDo

Cassation & ECHR · 4 Apr 2001

Cassation — order

Order made by the Court of Cassation in summary proceedings.

Type
Court decision
Court
The Court of Cassation
Date
4 Apr 2001
Parties
McDonald’s France v. Bernard Collorafi

Summary

Summary sheet

Order — Court of Cassation, Office of the First President · 4 April 2001

Overview: order made by Jean-Pierre Bouscharain, judge delegated by the First President of the Court of Cassation (France's highest court), on appeal to the Court of Cassation no. X 0014487 between McDonald's and Bernard Collorafi and the companies SEBOL, B et O and Les Pins.

Key points

The appeal concerns the judgments of the Paris Court of Appeal of 9 December 1998 and 8 March 2000, which ordered reciprocal payments. Claiming to be, after set-off, a creditor for a sum of 2,837,763.84 F, McDonald's France asks for the appeal to be removed from the Court's list. Mr Collorafi and the companies oppose this, arguing that enforcement of the judgment would have manifestly excessive consequences for them. The order notes that the companies Les Pins, SEBOL and B et O have had no activity since 10 June 1998, and that Mr Collorafi provides evidence of a declared income of 90,136 F in 1999 (88,353 F for his wife) and of a property encumbered by a mortgage in favour of McDonald's France. It concludes that there are no grounds for removing the appeal from the list.

Significance

This decision keeps the appeal to the Court of Cassation alive and rejects the application for removal, noting the franchisee's financially strained situation at the cassation stage.

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COURT OF CASSATION FIRST PRESIDENCY Appeal no. X 0014487 Petition no. 3784/00 Order no. 93784 EXTRACT FROM THE MINUTES OF THE REGISTRY OF THE COURT OF CASSATION ORDER BETWEEN: Société MAC DONALD'S SCP Delaporte et Briard, avocat au Conseil d'Etat et à la Cour de Cassation AND: Mr Bernard COLLORAFI The SA SEBOL The SARL B&O The SARL LES PINS 'SCP A. Bouzidi, avocat au Conseil d'Etat et à la Cour de Cassation We, Jean-Pierre BOUSCHARAIN, COUNSELLOR DELEGATED BY THE FIRST PRESIDENT OF THE COURT OF CASSATION, Assisted by Violaine PALOQUE, registrar, Have made the following order, having obtained the opinion of Mr Pierre Baechlin, advocate general; Whereas Mr COLLORAFI, the Company LES PINS, the Company SEBOL and the Company B&O lodged an appeal to the Court of Cassation against the judgments dated 09/12/1998 and 08/03/2000 by which the Paris Court of Appeal ordered them to pay certain sums to the Company MAC DONALD'S FRANCE, the latter being ordered to pay them certain sums; that, claiming, after set-off, to be a creditor for a sum of 2,837,763.84 francs, the Company MAC DONALD'S FRANCE requests that the appeal be removed from the Court's list; that Mr COLLORAFI and the Companies LES PINS, SEBOL and B&O oppose this measure, maintaining that enforcement of the judgment would have manifestly excessive consequences for them; Whereas the Companies LES PINS, SEBOL, and B&O state that, since 10/06/1998, they have had no activity; that this statement is consistent with the findings of the judgments under appeal, which makes it possible to consider that they are unable to enforce the judgment; that as regards Mr COLLORAFI, he establishes that, in 1999, he declared an income of 90,136 francs, his wife declaring an income of 88,353 francs; that he further establishes that the property of which the spouses are owners is encumbered with a mortgage in favour of the Company MAC DONALD'S FRANCE; that in this state of affairs, it appears that enforcement of the judgment would have for him manifestly excessive consequences; That, in these circumstances, there is no reason to remove from the Court's list the appeal no. X 0014487; FOR THESE REASONS WE SAY that there is no reason to remove from the Court's list appeal no. X 0014487. Done at PARIS, on 04/04/2001 THE REGISTRAR THE DELEGATED COUNSELLOR Violaine PALOQUE THE SIGNATURES FOLLOW ON THE ORIGINAL CERTIFIED TRUE COPY THE REGISTRAR OF THE COURT OF CASSATION Jean-Pierre BOUSCHARAIN C

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Other documents — Cassation & ECHR

Cassation — McDonald's application10 Jan 2001Cassation — defence to application7 Mar 2001Cassation — supplementary deliberation19 Mar 2001ECHR — application20 Mar 2001Brief to the Court of Cassation — Collorafi1 Oct 2001Cassation brief — McDonald's1 Oct 2001

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