In August 2008, SAS ESTABLISSEMENTS A CHOLLET (CHOLLET) ordered 57,600 safety kits from ZHEJIANG DAOMING OPTICS & CHEMICAL CO. LTD. (DAOMING) through TEST RITE INTERNATIONAL CO., LTD. (TEST RITE), which were later discovered as neither meeting the requirements of the order nor conforming to EU standards, so that they could not be sold in the market. On February 16, 2010, CHOLLET filed a lawsuit against TEST RITE and DAOMING at France Bobigny Commercial Court. With representatives of all 3 parties attending the hearing, the court made judgement on October 18, 2011 and served the same to DAOMING’s litigation representative on November 4, 2011. As no appeal was filed within the time limit, the Paris Court of Appeal issued the ruling to close the litigation procedure on February 25, 2014.
January 6, 2016, on behalf of applicants CHOLLET and TEST RITE, Unitalen filed petition to Zhejing Jinhua Municipal Intermediate People's Court for recognition and enforcement of French Bobigny Commercial Court No. 2011F01203 civil judgment.
During review of the case, DAOMING raised objections that, for the two separate contracts between the 3 parties, the French Commercial Court of Bobigny shall have no jurisdiction over the contract dispute between TEST RITE and DAOMING, and requested that the court should not be recognize and enforce the French judgment.
In accordance with "Civil Procedure Law of the People’s Republic of China" and "Agreement between People's Republic of China and the Republic of France on Civil and Commercial Judicial Assistance" as well as other relevant provisions, Unitalen lawyers conducted thorough analysis on the key issues such as whether the French court shall have the appropriate jurisdiction, and the type of contractual relationship among the parties involved. Jinhua Intermediate People's Court finally ruled that the Commercial Judgment of the French Bobigny Commercial Court shall be recognized and put into enforcement.
This case reflects China courts commitment to implement judicial assistance agreements, recognize and enforce foreign courts’ civil and commercial judgments in accordance with laws, so as to provide equal protection to the legitimate rights and interests of both Chinese and foreign parties. As a rare successful case for recognition and enforcement of French civil and commercial judgment, it provides significant reference to the adjudication and judgment of similar cases in the future.