Dispute between the creditor and the debtors

Our lawyers defended a creditor‘s interests in the Court of Appeal. The initial dispute arose between the creditor and two debtors as the debtors had failed to fulfil their obligation to pay back the debt of over a quarter of a million euros. The creditor filed a claim in the Regional court. Later the defendant asked the Regional court to include a third party, a private individual residing in France. The court agreed but failed to deliver procedural documents to that person. The Court then obliged the claimant (our client) to deliver those documents and indicated that the claim shall be left unresolved if the documents are not delivered. The client has appealed such ruling of the Regional court since such precedent would have a significant impact on civil procedure. It would have shifted the Court’s burden to the claimant. The Court of Appeal annulled the ruling in question and confirmed that the Regional court has an obligation to deliver the documents itself especially in the light of the third person being included in the process at the request of the defendant not the claimant.

The decision confirmed that the Court itself has a responsibility to deliver procedural documents to the participating parties. It can not shift such responsibility to any other party unless such party consents. Failure by the claimant to obey the Court’s ruling to deliver documents to the third person residing abroad cannot be a legal basis to leave the claim unresolved.

 

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