Originally from: French International Arbitration Law Reports

 

 

 

THE COUR DE CASSATION, SECOND CIVIL CHAMBER, rendered the following decision:

 

Upon the petition filed by Fremarc, a French société anonyme, having its registered office rue du Maréchal de Lattre de Tassigny, 59170 Croix, representing Fretal, a French société anonyme, having its registered office at rue de la Première Armée, 68486 Ferrette, heretofore and currently located 117A, route des Romains, 67200 Strasburg and Tinadel, a French société anonyme, having its registered office at 9 avenue du Général de Gaulle, 90100 Delle, heretofore and currently located 117A, route des Romains, 67200 Strasburg,

 

The latter two companies having merged, following the minutes of proceedings of 30 June 1999, with Fremarc and, as far as was necessary with Fretal and Tinadel,

 

With the Cour de cassation to overturn the decision rendered on 28 October 1990 by the Court of Appeal of Paris (1st Civil Chamber, Section C), in favor of ITM enterprises, having its registered office at 24, rue Auguste Chabrières, 75012, Paris,

 

respondent;

 

In support of its appeal the claimant relies on the two arguments appended to this decision: