What could a bit more inform the arbitral tribunal

The General Assembly of the Franprix society meeting today, could be as tense as the holding company Leader Price convened last Tuesday. Among the shareholders, including the representatives of the Casino, majority group in its two subsidiaries, Robert and Bernard Baud, the former leaders, there were, according to witnesses, particularly "aggressive and insulting". They have, no doubt, from their point of view of the reasons to be. Thanked in March 2007 with their father, Jean, founder of Franprix and Leader Price, they were accused of having "privileged personal interest at the expense of the social interest" of the two companies, according to Jean-Charles Naouri, CEO and majority shareholder of Casino. However, they will face in the coming days two key episodes in the litigation between the two parties. The first scheduled to be held Monday before the 11th Chamber of the correctional tribunal of Paris. The scheduled hearing concerns case Agapa, a hotel owned by the family Baud and which would have been "a Pact of corruption", according to the survey, between its owners and contractors of work against corporations Franprix and Leader Price (FP, LP). It looks spectacular with some of the heavyweights of the bar on the front. The conditional is necessary however.

Nine complaints to the criminal

According to sources close to the record, the tribunal will have to consider multiple requests for removal of counsel for the accused to procedural matters, and probably will have access to them. "The record is far complicated." "It is a direct quote and there are a lot of seals to consider", justifies a lawyer with the law firm of Henri Leclerc, lawyer of the leaders of corporations SEI and AM cold. Also, perhaps, how to avoid that not be unpacked in public the results of the investigation by the financial brigade after these practices have been denounced in 2005. And this a few days before that, the arbitral tribunal seized by the Casino Group, civil party in the case, Agapa, makes his sentence on the question posed by the Distributor. Namely, whether or not it was legitimate to resume branch of Franprix and Leader Price over the Baud companies In the event of a positive response from the arbitral tribunal, chaired by François Paret, lawyer and Professor of law in Geneva which was chosen by the arbitrators of each of the two parties, Jean-François Prat for Casino and Jean-Louis Devolvé for Baud, the option of sales lifted early 2008 by the latter on their respective interests of 5 in Franprix and Leader Price 25 exercise at the normal price provided for in the conventions, 420 million euros, amount funded in Casino accounts. If not, it would perceive the order of 70 million additional. A minor issue for the Distributor, which has since taken in hand the operational direction of its two subsidiaries.

But where the Agapa case to which this time by Casino were added since nine filed criminal complaints is crucial for the latter, is that, to justify the removal of the Baud, he invoked "of serious economic mistakes" infringed by the value of holding Asinco participation in corporations FP, LP, but also "looting the company". With the key of the applications for damages and interests of several tens of millions of euros. The Correctional Court should appreciate the significance of the facts alleged in the Baud and their suppliers. What could a bit more inform the arbitral tribunal. Contacted by "Les echos" to answer on the merits, counsel for the accused were not recalled.