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Fondation Solomon R. Guggenheim v. Consorts Helion-Rumney

France Court of Cassation
CA (1st Ch.), 17 November 1993, 83 Rev. cr. D.P. II 115 (1994)

Written by Curtis Parvin, JD

Facts

Peggy Guggenheim gave her Venice, Italy, mansion and its art collection to the Solomon R. Guggenheim Foundation (the foundation) (defendant), with the proviso that the building’s interior arrangements remain without modifications. David Hellion, Nicholas Helion, and Sandro Rumney, Guggenheim’s descendants (the descendants) (plaintiffs), felt that the foundation failed to respect Guggenheim’s wishes and sued the foundation in Paris, France, where the descendants lived. The foundation challenged the court’s jurisdiction under the Brussels Convention of 1968 (the convention), asserting that the foundation was domiciled in Italy as a secondary seat and, therefore, must be sued where the property was located. The descendants argued that French courts had jurisdiction under French law because they lived in France, and the foundation was a New York business. The court of first instance in Paris determined that it had jurisdiction over the matter. The foundation appealed to the France Court of Cassation. [Editor’s Note: The Court of Cassation is France’s highest court for civil and criminal matters.]

Rule of Law

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Issue

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Holding and Reasoning (Per curiam)

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