2023-06-28 13:00:00
[Article publié le mercredi 28 juin 2023 à 15h et mis à jour à 16h20] New twist in the controversial arbitration case between Bernard Tapie and Crédit Lyonnais, carried out in 2008. The Court of Cassation ordered a new trial for the ex-boss of Orange, Stéphane Richard, and for the civil servant, Jean-François Rocchi, this Wednesday, June 28. At the heart of this case: the arbitration procedure aimed at settling the ancient conflict between Bernard Tapie and Crédit Lyonnais over the takeover of the German equipment manufacturer Adidas.
Thunderbolt at Orange: the Tapie affair brings down Stéphane Richard
The highest French judicial body followed the recommendations of the Advocate General. During the hearing on June 1, the latter had recommended the rejection of all the means of cassation except one. Rejection which should lead, according to him, to the holding of a new trial for Stéphane Richard and Jean-François Rocchi.
A reclassification as ” neglect » possible ?
Stéphane Richard, at the time chief of staff to the Minister of the Economy, was given a one-year suspended prison sentence and a fine of 50,000 euros, which led to his departure from Orange. Jean-François Rocchi had been given a two-year suspended prison sentence and a 25,000 euro fine.
In the eyes of the Advocate General, the two men might not be convicted of complicity in the embezzlement of public funds, insofar as the Court of Appeal, in its decision, recognized that they ” were unaware of the fraudulent nature of the arbitration “which had granted 404 million euros to Bernard Tapie. As a reminder, the private arbitration had been canceled in civil cases for “fraud” in 2015 by the Paris Court of Appeal. This had condemned the former minister to reimburse.
« The Court of Cassation censures the convictions of the director of cabinet [Stéphane Richard] and the president of the consortium [Jean-François Rocchi], ruled the Court. Indeed, they were unaware of the fraudulent nature of the decision rendered by the arbitral tribunal. Therefore, the Court of Appeal might not consider that they were complicit in the embezzlement. »
Other remedies
An investigation had also been opened to determine whether the arbitration had been rigged in favor of Bernard Tapie. After a resounding acquittal at first instance in 2019, four men were sentenced on appeal on November 24, 2021. They all appealed.
For not having appealed once morest this sentence, Christine Lagarde was rightly found guilty in 2016 of “negligence” by the Court of Justice of the Republic, but exempted from punishment. In this case, the heaviest sanction was pronounced once morest one of the three referees, Pierre Estoup, convicted of fraud – three years’ imprisonment and a fine of 300,000 euros. Bernard Tapie’s historic lawyer, Maurice Lantourne, was sentenced to three years in prison, including one year, a fine of 300,000 euros and a 5-year ban on practicing.
The Court of Cassation upheld these convictions, which are now final. On the other hand, she specified that Maurice Lantourne ” might not be sentenced to a temporary ban from exercising the profession of legal adviser because this profession no longer has a legal existence ». « Only the prohibition to exercise the profession of lawyer might be pronounced “, recalled the Court.
Other appeals have been brought in particular by the Consortium de realization (CDR) – entity responsible for managing the liabilities of the Lyonnais – as well as by the companies of Bernard Tapie, who died on October 3, 2021, and the State. Pierre Estoup and Maurice Lantourne, as well as the companies in liquidation of Bernard Tapie, were condemned to pay around 400 million to the CDR.
The Court of Cassation clarified that this last conviction will take place “ in denarii or receipt ». « This means that if the consortium recovers all or part of the embezzled 400 million euros, these funds cannot be combined with the sum obtained in compensation for its damage. In other words, the consortium cannot receive more than 400 million euros “Said the Court of Cassation. The Court of Cassation also quashed the decision of the Court of Appeal which declared admissible the civil action of the French State.
« The damages invoked by the State do not stem directly from the infringement suffered by the consortium. They exist because of the obligation that weighed on the State to guarantee the debts of this one “, explained the Court. Consequently,” the Paris Court of Appeal will therefore have to rule once more on this point ».
(With AFP)
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