Concerning the restoration of the former contribution increased rights considered incompatible with the EC right by numerous decisions of the Higher Civil Courts and then the E.C. Court of Justice (CJCE decision dated February 13, 1996), the Supreme Court has just given its opinion on the admissibility of a claim filed in 1991 for the restoration of the rights received in 1982 and 1987 (Cass. com. July 9, 1996, no. 1337 P).

It confirms that the time-limit of claim provided by article *R 196-1 of the LPF was only able to run as of the coming into force of the law no. 93-1352 dated December 30, 1993 transposing in France the E.C. directives involved (and thus expired on December 31, 1995).

In addition, it gives precisions on the fact that a specific French rule limiting the life period of a restoration claim, only concerns acts based on a jurisdictional decision showing the absence of conformity to superior rule of right and cannot apply in the present case to a claim filed before the above-decision of the E.C. Court of Justice.

However, the Supreme Court was not obliged to give its opinion on the application of these two texts in the case of a claim based on the decision of the E.C. Court of Justice.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be brought about your specific circumstances.

For additional information contact Claire Acard on 33/(1)/55 61 10 10, Lionel Benant on 33/, Joel Fischer on 33/, or Laurent Borey on 33/(1)55 61 10 10 or enter text search: "Archibald Andersen Profile".

The members of Archibald Andersen Association d'Avocats (S.G. Archibald and Arthur Andersen International) are registered with the Hauts-de-Seine Bar and the Lyon Bar.