Merkado v Société Electro Metal Labo

JurisdictionFrance
CourtCommercial Court (France)
France, Tribunal de Commerce of the Seine
Merkado
and
Socit Electro Metal Labo

Treaties Conclusion and operation of Effects of treaties on third parties Two treaties on same subject-matter Ratification of second Treaty by one State Accession to first Treaty by second State Hague Conventions on Civil Procedure, 1905 and 1954 Ratification of Convention of 1954 by France in 1954 Ratification of Convention of 1905 by Israel in 1952 Whether France bound by Convention of 1905, vis--vis Israel The law of France.

Summary: The facts.France was an original party to the Hague Convention on Civil Procedure of 1905. In order to permit accession by third States a Protocol was signed at The Hague on 4 July 1924; France appended the reservation that The French Government has signed the present Protocol in order to make possible accession to the Convention of 17 July 1905 of States not represented at the Fourth Conference of Private International Law. It is, however, understood that this Convention is not applicable between France and the new States acceding. In 1952 Israel acceded to the Convention of 1905. In 1954 France ratified the Convention of 1954; Article 29 provides that The present Convention shall replace, in relations between the States which ratify it, the Convention concerning Civil Procedure signed at The Hague on 17 July 1905.

In the present case the question arose whether the plaintiff, an Israel national, should be required to give security for costs in an action before a French court.

Held: The claim for security for costs must be dismissed. France ratified the Hague Convention of 1954 and was therefore bound as regards parties to the Hague Convention of 1905, which included Israel.

The following is the text of the judgment:

In writs dated 16 February and 18 February 1966, Nissim Merkado asks this Court: (1) to adjudge and declare that there was a promise of partnership made by Haim Merkadov to Nissim Merkado; (2) to adjudge and declare that this promise of partnership was not kept, and, consequently, to order the defendant to pay him 50,000 francs damages, with legal interest from the date of the present claim, in compensation for the loss suffered. Subsidiarily, to adjudge and declare that between 27 June and 15 July 1963 there existed between Merkadov, the Electro Metal Labo Company and Merkado a de facto partnership and that the plaintiff is entitled to claim half the profits realized during that period; to name any expert the Court wishes to...

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