Cour de Cassation, Chambre commerciale, du 27 juin 2006, 03-19.863, Publié au bulletin
Case Outcome: | Rejet. |
Counsel: | Me Balat, Me Bertrand, SCP Piwnica et Molinié. |
Court: | Chambre Commerciale, Financière et Économique (Cour de Cassation de France) |
Docket Number: | 03-19863 |
Official gazette publication: | Bulletin 2006 IV N° 149 p. 159 |
Presiding Judge: | M. Tricot. |
Writing for the Court: | Mme Orsini. |
LA COUR DE CASSATION, CHAMBRE COMMERCIALE, FINANCIERE ET ECONOMIQUE, a rendu l'arrêt suivant :
Donne acte à M. X..., pris en sa qualité d'administrateur judiciaire du redressement judiciaire de la SAS Isa Daisytek, de ce qu'il s'associe au pourvoi formé par le procureur général près la cour d'appel de Versailles ;
Attendu, selon l'arrêt déféré (Versailles, 4 septembre 2003), que le 16 mai 2003, la Haute Cour de justice de Leeds (Royaume-Uni) a ouvert une procédure principale d'insolvabilité à l'égard de la SAS Isa Daisytek (la société), ayant son siège statutaire en France, filiale d'une société de droit britannique, et désigné MM. Y..., Z... et A..., administrateurs de la procédure ; que le 23 mai 2003, sur déclaration de l'état de cessation des paiements, le tribunal de commerce de Pontoise a ouvert une procédure de redressement judiciaire à l'encontre de cette même société ; que les administrateurs anglais ont formé tierce opposition au jugement, estimant, sur le fondement du règlement (CE) n° 1346/2000 du Conseil du 29 mai 2000, relatif aux procédures d'insolvabilité, que la procédure ouverte en Angleterre interdisait l'ouverture d'une autre procédure principale d'insolvabilité en France ;
que la tierce opposition a été rejetée par le tribunal ; que la cour d'appel a infirmé le jugement, déclaré bien fondée la tierce opposition et dit que la société ne peut faire l'objet d'une procédure de redressement judiciaire en France ;
Sur le premier moyen :
Attendu que le procureur général près la cour d'appel de Versailles fait grief à l'arrêt davoir ainsi statué, alors, selon le moyen :
1 / qu'aux termes des dispositions combinées des articles 3 1er et 16 1er du règlement communautaire n° 1346/2000 du 29 mai 2000 relatif aux procédures d'insolvabilité, une décision ouvrant une procédure principale d'insolvabilité ne peut être reconnue dans tous les Etats membres que si elle a été prise par une juridiction compétente de l'Etat membre sur le territoire duquel est situé le centre des intérêts principaux du débiteur, lequel est présumé être, pour une personne morale, son siège statutaire ; que selon l'article 26 du règlement précité, tout Etat membre peut refuser de reconnaître une décision d'ouverture d'une procédure principale d'insolvabilité lorsque cette reconnaissance aurait des effets manifestement contraires à son ordre public, en particulier à ses principes fondamentaux ; que par ailleurs, le règlement n'ayant pas pour...
Pour continuer la lecture
SOLLICITEZ VOTRE ESSAIGood news, we have found a currently active account with this email!
You can sign in here.
Forgot your password?
To reset your password, you can go here.
A verification link has been sent to your email account!
Please click on the link that has been sent to your email account to verify your email and continue the registration process.
We have found that your academic organisation currently subscribes to vLex.
To receive access to vLex:
- Please contact your resource manager to setup an account.
- If you have an email address with the organisation, please use that.
We have found that your organisation currently subscribes to vlex.
To receive access to vLex:
- Use the following link to sign up from your portal.
- Please contact your resource manager to setup an account.
- If you have an email address with the organisation, please use that.
OR
You can signup for an individual account here.
Subscribers can access the reported version of this case.
You can sign up for a trial and make the most of our service including these benefits.
There are lots of other reasons to subscribe.
-
Global Coverage
Access over 120 million legal information documents, including the largest collection of common law and civil law content on one intuitive and advanced service.
-
Updated with over 20,000 cases each month
Each month thousands of new cases and legal documents are added to vLex Justis, providing you with up-to-date content and a wider range of information to support your research.
-
AI-powered research
Are you confident your research is complete? Use our AI-powered tool, Vincent, to conduct truly comprehensive research, based on in-document search and analysis.
-
Know where to start your research
The only service to feature exclusive, comprehensive and up-to-date legal information from 130 jurisdictions. This includes the largest collections of common and civil law judgments, exclusive law reports, legislation, regulations, dockets, books, journals and international news.
Good news, we have found a currently active account with this email!
You can sign in here.
Forgot your password?
To reset your password, you can go here.
A verification link has been sent to your email account!
Please click on the link that has been sent to your email account to verify your email and continue the registration process.
We have found that your academic organisation currently subscribes to vLex.
To receive access to vLex:
- Please contact your resource manager to setup an account.
- If you have an email address with the organisation, please use that.
We have found that your organisation currently subscribes to vlex.
To receive access to vLex:
- Use the following link to sign up from your portal.
- Please contact your resource manager to setup an account.
- If you have an email address with the organisation, please use that.
OR
You can signup for an individual account here.
Subscribers are able to see a list of all the cited cases and legislation of a document.
You can sign up for a trial and make the most of our service including these benefits.
There are lots of other reasons to subscribe.
-
Global Coverage
Access over 120 million legal information documents, including the largest collection of common law and civil law content on one intuitive and advanced service.
-
Updated with over 20,000 cases each month
Each month thousands of new cases and legal documents are added to vLex Justis, providing you with up-to-date content and a wider range of information to support your research.
-
AI-powered research
Are you confident your research is complete? Use our AI-powered tool, Vincent, to conduct truly comprehensive research, based on in-document search and analysis.
-
Know where to start your research
The only service to feature exclusive, comprehensive and up-to-date legal information from 130 jurisdictions. This includes the largest collections of common and civil law judgments, exclusive law reports, legislation, regulations, dockets, books, journals and international news.
Good news, we have found a currently active account with this email!
You can sign in here.
Forgot your password?
To reset your password, you can go here.
A verification link has been sent to your email account!
Please click on the link that has been sent to your email account to verify your email and continue the registration process.
We have found that your academic organisation currently subscribes to vLex.
To receive access to vLex:
- Please contact your resource manager to setup an account.
- If you have an email address with the organisation, please use that.
We have found that your organisation currently subscribes to vlex.
To receive access to vLex:
- Use the following link to sign up from your portal.
- Please contact your resource manager to setup an account.
- If you have an email address with the organisation, please use that.
OR
You can signup for an individual account here.
Subscribers are able to see a list of all the documents that have cited the case.
You can sign up for a trial and make the most of our service including these benefits.
There are lots of other reasons to subscribe.
-
Global Coverage
Access over 120 million legal information documents, including the largest collection of common law and civil law content on one intuitive and advanced service.
-
Updated with over 20,000 cases each month
Each month thousands of new cases and legal documents are added to vLex Justis, providing you with up-to-date content and a wider range of information to support your research.
-
AI-powered research
Are you confident your research is complete? Use our AI-powered tool, Vincent, to conduct truly comprehensive research, based on in-document search and analysis.
-
Know where to start your research
The only service to feature exclusive, comprehensive and up-to-date legal information from 130 jurisdictions. This includes the largest collections of common and civil law judgments, exclusive law reports, legislation, regulations, dockets, books, journals and international news.
Good news, we have found a currently active account with this email!
You can sign in here.
Forgot your password?
To reset your password, you can go here.
A verification link has been sent to your email account!
Please click on the link that has been sent to your email account to verify your email and continue the registration process.
We have found that your academic organisation currently subscribes to vLex.
To receive access to vLex:
- Please contact your resource manager to setup an account.
- If you have an email address with the organisation, please use that.
We have found that your organisation currently subscribes to vlex.
To receive access to vLex:
- Use the following link to sign up from your portal.
- Please contact your resource manager to setup an account.
- If you have an email address with the organisation, please use that.
OR
You can signup for an individual account here.
Subscribers are able to see any amendments made to the case.
You can sign up for a trial and make the most of our service including these benefits.
There are lots of other reasons to subscribe.
-
Global Coverage
Access over 120 million legal information documents, including the largest collection of common law and civil law content on one intuitive and advanced service.
-
Updated with over 20,000 cases each month
Each month thousands of new cases and legal documents are added to vLex Justis, providing you with up-to-date content and a wider range of information to support your research.
-
AI-powered research
Are you confident your research is complete? Use our AI-powered tool, Vincent, to conduct truly comprehensive research, based on in-document search and analysis.
-
Know where to start your research
The only service to feature exclusive, comprehensive and up-to-date legal information from 130 jurisdictions. This includes the largest collections of common and civil law judgments, exclusive law reports, legislation, regulations, dockets, books, journals and international news.
Good news, we have found a currently active account with this email!
You can sign in here.
Forgot your password?
To reset your password, you can go here.
A verification link has been sent to your email account!
Please click on the link that has been sent to your email account to verify your email and continue the registration process.
We have found that your academic organisation currently subscribes to vLex.
To receive access to vLex:
- Please contact your resource manager to setup an account.
- If you have an email address with the organisation, please use that.
We have found that your organisation currently subscribes to vlex.
To receive access to vLex:
- Use the following link to sign up from your portal.
- Please contact your resource manager to setup an account.
- If you have an email address with the organisation, please use that.
OR
You can signup for an individual account here.
Subscribers are able to see a visualisation of a case and its relationships to other cases. An alternative to lists of cases, the Precedent Map makes it easier to establish which ones may be of most relevance to your research and prioritise further reading. You also get a useful overview of how the case was received.

There are lots of other reasons to subscribe.
-
Global Coverage
Access over 120 million legal information documents, including the largest collection of common law and civil law content on one intuitive and advanced service.
-
Updated with over 20,000 cases each month
Each month thousands of new cases and legal documents are added to vLex Justis, providing you with up-to-date content and a wider range of information to support your research.
-
AI-powered research
Are you confident your research is complete? Use our AI-powered tool, Vincent, to conduct truly comprehensive research, based on in-document search and analysis.
-
Know where to start your research
The only service to feature exclusive, comprehensive and up-to-date legal information from 130 jurisdictions. This includes the largest collections of common and civil law judgments, exclusive law reports, legislation, regulations, dockets, books, journals and international news.
Good news, we have found a currently active account with this email!
You can sign in here.
Forgot your password?
To reset your password, you can go here.
A verification link has been sent to your email account!
Please click on the link that has been sent to your email account to verify your email and continue the registration process.
We have found that your academic organisation currently subscribes to vLex.
To receive access to vLex:
- Please contact your resource manager to setup an account.
- If you have an email address with the organisation, please use that.
We have found that your organisation currently subscribes to vlex.
To receive access to vLex:
- Use the following link to sign up from your portal.
- Please contact your resource manager to setup an account.
- If you have an email address with the organisation, please use that.
OR
You can signup for an individual account here.
Subscribers are able to see the list of results connected to your document through the topics and citations Vincent found.
You can sign up for a trial and make the most of our service including these benefits.
There are lots of other reasons to subscribe.
-
Global Coverage
Access over 120 million legal information documents, including the largest collection of common law and civil law content on one intuitive and advanced service.
-
Updated with over 20,000 cases each month
Each month thousands of new cases and legal documents are added to vLex Justis, providing you with up-to-date content and a wider range of information to support your research.
-
AI-powered research
Are you confident your research is complete? Use our AI-powered tool, Vincent, to conduct truly comprehensive research, based on in-document search and analysis.
-
Know where to start your research
The only service to feature exclusive, comprehensive and up-to-date legal information from 130 jurisdictions. This includes the largest collections of common and civil law judgments, exclusive law reports, legislation, regulations, dockets, books, journals and international news.
Good news, we have found a currently active account with this email!
You can sign in here.
Forgot your password?
To reset your password, you can go here.
A verification link has been sent to your email account!
Please click on the link that has been sent to your email account to verify your email and continue the registration process.
We have found that your academic organisation currently subscribes to vLex.
To receive access to vLex:
- Please contact your resource manager to setup an account.
- If you have an email address with the organisation, please use that.
We have found that your organisation currently subscribes to vlex.
To receive access to vLex:
- Use the following link to sign up from your portal.
- Please contact your resource manager to setup an account.
- If you have an email address with the organisation, please use that.
OR
You can signup for an individual account here.