Stuck for twelve years in its disputes with Fives FCB, is Ynna Holding reversing the trend?
Delivered at the end of October, the favorable judgment of the Court of Cassation was already giving signals in this direction. But alongside this highly publicized aspect of the conflict, another, more discreet, displays the same trend for the Chaabi group. This is the criminal aspect.
Dismissed by the Kingdom’s highest court on commercial litigation, Fives FCB suffered the same fate in its criminal action initiated once morest Ynna Holding. This judgment was rendered last April, dodging the scrutiny of the legal sphere, absorbed by the main dispute.
Deemed “inadmissible”, this direct quote had as its theme accusations of “dissipation of seized objects” and “disposition of inalienable property”. Ynna Holding was accused of a fictitious capital increasecarried out following the exequatur, by a Moroccan court, of an arbitration award rendered a few years earlier in Switzerland in favor of Fives FCB.
The French group also accused a subsidiary of Ynna Holding of having distributed dividends despite garnishments made in its hands, following the confirmation of the arbitration award by the Commercial Court of Appeal. Fives FCB claimed compensation of 100 MDH.
In addition to the inadmissibility of its direct citation, the French company must itself manage a criminal case. She is the one who takes on the defendant’s costume. This lawsuit is also under consideration in the court of Ain Sebaâ. Ynna Holding accuses his opponent of “falsification of an arbitration award”, “fraud”, “embezzlement”, “connivance” and “false statements to judicial bodies”.
Launched in February 2020, this file has not yet been the subject of a decision. A hearing is scheduled for November 22, 2022.
