Tribunal d'instance de Paris 1er, 25 septembre 2008, 08/00022
Appeal Number: | 351 |
Court: | Tribunal d'instance de Paris 1er (France) |
Docket Number: | 08/00022 |
Min No
RG No 91-08-000022
X... Laurent
C /
ETABLISSEMENTS DARTY et FILS
AU NOM DU PEUPLE FRANÇAIS
JURIDICTION DE PROXIMITÉ DU 1ER ARRONDISSEMENT DE PARIS
JUGEMENT DU 25 SEPTEMBRE 2008
DEMANDEUR :
Monsieur X... Laurent,
demeurant ... 75002 PARIS
Représenté par Me HUGOT Jean Philippe, avocat au barreau de Paris, 22 rue Saint Augustin 75002 Paris,
DEFENDERESSE :
Société ETABLISSEMENTS DARTY et FILS,
129 avenue Galliéni 93140 BONDY,
Représentée par Me DORE Bernard-Lionel de la SELARL DORE CONSEIL, avocat au barreau de Paris, 30 avenue Bugeaud 75116 Paris,
COMPOSITION DE LA JURIDICTION DE PROXIMITÉ : Annie DOUTEAU-DOUVIER, Juge de proximité, aux débats, au délibéré et au prononcé du jugement
GREFFIER : Nelly BARBIER aux débats et Aline GOBBI-TONG NGOC, au prononcé du jugement, toutes deux agents du greffe ayant prêté le serment de greffier.
DÉBATS :
Audience publique du 22 mai 2008
A l'issue des débats, Madame la Juge de Proximité a averti les parties que l'affaire était mise en délibéré au 11 septembre 2008, puis la décision a été prorogé au 25 septembre 2008.
JUGEMENT :
contradictoire, en dernier ressort.
FAITS-PROCEDURE
Vu l'exploit introductif d'instance délivré le 19 octobre 2006,
Vu l'ordonnance du juge de la mise en état rendue le 4 décembre 2007,
Vu l'audience de la juridiction de proximité de PARIS 1er du 13 mars 2008, où les parties n'ayant pas comparu, l'affaire a été renvoyée au 22 mai 2008,
A l'audience du 22 mai 2008, les parties dûment représentées ont comparu et conclu.
Monsieur X... Laurent maintient ses demandes à l'encontre de la société DARTY à l'exception de la somme au titre de l'article 700 du CPC qu'il augmente à 3 000 €.
Suivant conclusions déposées le 22 mai 2008, la société " Les Etablissements DARTY & fILS " demande le débouté de Monsieur X..., à titre subsidiaire, le cantonnement de son éventuelle condamnation, au titre du remboursement des logiciels, à une somme comprise entre 10 % et 25 % du prix de l'ordinateur acquis et la condamnation de Monsieur X... à lui payer la somme de 3 000 € au titre de l'article 700 du CPC.
Le juge de proximité clôture les débats et met en délibéré pour le 11 septembre 2008, prorogé au 25 septembre 2008.
Le jugement sera rendu contradictoirement en dernier ressort.
MOTIFS DE LA DECISION
Attendu que Monsieur X... Laurent reconnaît dans ses écritures que, lors de son achat, le 6...
Pour continuer la lecture
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