Apple Inc. v. Samsung Electronics Co. Ltd. et al

Filing 900

NOTICE by Apple Inc.(a California corporation) Translations of Foreign Authority (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37, #38 Exhibit 38, #39 Exhibit 39, #40 Exhibit 40, #41 Exhibit 41, #42 Exhibit 42, #43 Exhibit 43, #44 Exhibit 44, #45 Exhibit 45, #46 Exhibit 46, #47 Exhibit 47, #48 Exhibit 48, #49 Exhibit 49, #50 Exhibit 50, #51 Exhibit 51, #52 Exhibit 52, #53 Exhibit 53, #54 Exhibit 54, #55 Exhibit 55, #56 Exhibit 56, #57 Exhibit 57, #58 Exhibit 58, #59 Exhibit 59, #60 Exhibit 60, #61 Exhibit 61, #62 Exhibit 62, #63 Exhibit 63)(Selwyn, Mark) (Filed on 5/7/2012)

Exhibit 33

On: 12/23/2011
Court of cassation
Civil chamber 3
Public hearing of January 6, 1993
Appeal no.: 91-13858
Not published in the bulletin

Presiding: Mr. BEAUVOIS, president

Rejection

FRENCH REPUBLIC
IN THE NAME OF THE FRENCH PEOPLE
THE COURT OF CASSATION, THIRD CIVIL CHAMBER, has delivered the following judgment:
On the appeal brought by Mr. Bernard A…, residing at … in Roissy-en-France (Val-d’Oise),
In annulment of a judgment delivered on January 22, 1991 by the Paris Court of Appeal (16th
chamber, section A), in favor of the Actimetal company, whose registered office is …(9th
district),
defendant in the appeal; the plaintiff invokes, in support of its appeal, the single ground of
appeal annexed to this judgment; THE COURT, at the public hearing of November 25, 1992,
where the following were present:
Mr. Beauvois, president, Mr. Pronier, Advising magistrate-rapporteur, Mr. K…, B…, F…, Z…,
I…, D…, H..., G…, Mr. X…, Y…, J…, H… E… Marino, counsel, Mr. C…, Ms. Cobert, advising
counsel, Mr. Mourier, Advocate General, Ms. Pacanowski, Clerk of the Court; On the report of
Mr. Pronier, advising magistrate, the observations of Ms. Blanc, attorney of Mr. A…, of Ms.
Hennuyer, attorney for the Actimetal company, the conclusions of Mr. Mourier, advocate
general, and after deliberating thereupon in accordance with the law; On the single ground:
Whereas, according to the challenged judgment (Paris, January 22, 1991), Mr. A…, owner of
premises for commercial use, occupied by Actimetal, issued a summons to quit the premises;
whereas Actimetal brought proceedings against Mr. A…. in order to have the summons
declared void and to order the establishment of a proper commercial lease. Whereas Mr. A…
brought complaint against the judgment for deciding that a commercial lease was concluded
between the parties, since, according to the ground of appeal “the price which must be paid by
the lessee is one of the essential elements of the leasing contract”, whereas the court of appeal,
which noted the absence of agreement of the parties on the amount of the rent, could not allow
that a lease had been concluded, a violation of article 1709 of the Civil Code”; But whereas
having maintained itself that Actimetal, which had been occupying the premises for more

than two years with the consent of the owner, paid, in the form of checks, installments or partial
payments to be counted towards the rent, the Court of Appeal, which properly applied article
1716 of the Civil Code, legally justified it decision; FOR THESE REASONS:
REJECTS the appeal;
Decision challenged: Paris Court of Appeal of January 22, 1991
Headings and summaries: COMMERCIAL LEASE – Proof – Occupation for more than two
years- Agreement of the owner- Payment of installments to be counted towards the rent –
Sufficient elements – Absence of agreement of the parties on the amount of the rent – Absence
of influence.
Texts applied:
Civil Code 1716