Cour de cassation 1ère Chambre civile; 2022-11-09; 1ère Civ., 9 novembre 2022, pourvoi n°21-20.347
Decision by national courts in the field of European Union law — ECLI:FR:CCASS:2022:C100750
Date: 2022-11-09
Subject matter: Judicial cooperation in civil matters
Origin: France

82022FR1109(51)_ENG_SUMJURE
JURE summary
JURE summary
This case, examined by the Cour de Cassation (hereinafter ‘the Supreme Court’), concerned the enforcement of a Nicaraguan judgment.
In order to give effect to that judgment, an enforcement judge (1) made an order allowing the defendants to proceed with a precautionary seizure.
A certificate was issued pursuant to Article 53 of the Brussels I Regulation (recast) (2), certifying that this order was enforceable in France.
The plaintiff requested from the tribunal judiciaire de Bobigny (hereinafter ‘the Court of First Instance’) that this certificate be withdrawn or annulled. The Court of First Instance held that it did not have jurisdiction, and the plaintiff appealed to the Supreme Court.
However, before the Supreme Court could examine the appeal, the enforcement judge withdrew the order allowing the precautionary seizure. The Supreme Court held that the order was indissociable from the certificate, so the withdrawal of the order made the certificate ineffective.
As a result, the plaintiff no longer had an interest in bringing an action, and its appeal was inadmissible.
(1) In French: juge de l’exécution.
(2) Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (recast).