By Meng Yu & Guodong Du
A court in Liaoning Province, China, rendered a ruling on 1 September 2017 recognizing and enforcing a French judgment of the Paris Commercial Court.
1. Overview
On 1 September 2017, the Fushun Intermediate People’s Court of Liaoning Province (the “Fushun Court”) rendered a civil ruling “[2016] Liao 04 Xie Wai Ren No. 6” ([2016] 辽04协外认6号) recognizing and enforcing the judgment (RG No.: 2015058668) rendered on 9 February 2016 by Paris Commercial Court of the French Republic (the “French Court”, in French: Tribunal de commerce de Paris).
The Fushun Court recognized the French judgment in accordance with the Agreement on Judicial Assistance in Civil and Commercial Matters between the Government of the French Republic and the Government of the People’s Republic of China (“the Agreement”, in French: Accord d’entraide Judiciaire en Matière Civile et Commerciale entre le Gouvernement de la République Française et le Gouvernement de la République Populaire de Chine du 4 Mai 1987) . The Agreement entered into force on 8 February 1988.
2. Case Summary
On 9 February 2016, the French Court rendered a judgment (RG No. 2015058668), requiring Pei Yanju to pay Zhu Guofen EUR2,500 and the interest accrued, and Zhu Jing EUR30,000; requiring Pei Yanju as a liquidator together with MARS to pay the court fee of EUR152.64.
On 1 November 2016, the applicants Zhu Jing, Ding Changhong and Zhu Guofen applied to the Fushun Court for recognition and enforcement of the judgment of the French Court, and submitted the following documents: a copy of the judgment of the French Court; the document certifying that the summon and judgment had been served; and the certified copies of Chinese translation of the above two documents.
The Fushun Court ruled that the civil judgment of the French Court should be recognized and enforced, and the application fee is RMB100, which should be borne by the respondent Pei Yanju.
3. Commentary
The ruling of the Fushun Court on this case is relatively simple, with only about 700 words in total. Therefore, the information in the ruling is insufficient for us to make analysis and commentary.
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Lin Haibin also contributes to the post.