CASE COMMENTS: PROCEDURES – APPEAL BEFORE THE FRENCH COMMERCIAL SUPREME COURT – INDIVISIBILITY– ARTICLE 615 OF THE CODE OF CIVIL PROCEDURE – CARTELS

Appeal - Indivisibility: The Court of Cassation refuses to extend the effects of an appeal lodged by only one cartel member on the merits of the case to the benefit of the other cartel members on the grounds that there is no legal indivisibility between them within the meaning of article 615 of the code of civil procedure (Veolia Transport, Keolis, Transdev)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Cass. com, November 15, 2011, Veolia Transport, Keolis, Transdev, n° 10-20527, 10-20851 and 10-20881 The period under review gave the Commercial Chamber of the Court of Cassation the opportunity to rule, in its judgment of 15 November 2011 in the Urban Public Passenger Transport case, on a subject that is little dealt with in competition law: that of the "divisibility" of the Authority's decisions and its impact on the appeals lodged by the parties. This aspect will therefore be examined independently of the question of impartiality also dealt with by the Court in the same judgment (see above). The Court of Cassation - which was called upon to rule for

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Authors

  • University of Paris I Panthéon-Sorbonne
  • Ashurst (Paris)

Quotation

Christophe Lemaire, Simon Naudin, Appeal - Indivisibility: The Court of Cassation refuses to extend the effects of an appeal lodged by only one cartel member on the merits of the case to the benefit of the other cartel members on the grounds that there is no legal indivisibility between them within the meaning of article 615 of the code of civil procedure (Veolia Transport, Keolis, Transdev), 16 February 2012, Concurrences N° 1-2012, Art. N° 42320, pp. 192-195

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