“Yes, it’s a promotion, which was in the order of things, but then to say that I expected …” Jean -Noël Acquaviva, president of the Civil Chamber of the Appeal Court of Paris in charge of arbitration, had the good surprise, at the beginning, to be appointed to the Court of Cassation. A great promotion for this specialized magistrate canceled the arbitration Tapie, Adidas in February. On September 29, Jean-Yves Acquaviva had yet preside over the hearing on the merits. Despite this change of assignment, he could have stayed a few months time to finish this matter he knows well. “But nobody asked me anything, so I will not be here on 1 September,” he says in JDD , apparently surprised him, too.
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The applicant denies any intervention
For all specialists Tapie, the news of this “Express Promotion” has the effect of a small bomb. “Incomprehensible,” for some, “suspect” for others. “This departure is not by chance, it proves the incredible web of influences, in all camps, which Tapie is capable,” even a lawyer sighs folder. The applicant denies any intervention. Better, at his hearing before the judges of the criminal aspect, in March, Bernard Tapie had even taken the lead of these future suspicions: “I did start the career Christiane Taubira, he said I ‘. have elected MEP on my list. It was a real, great friend. From the day she was appointed Minister of Justice, I have never, directly, indirectly, by mail or by phone, contacted … “” I am an interventionist, but it taught me a certain sense of honor, “added Tapie on record. So without him officially that the judge Acquaviva, the magistrate who made him lose 405 million euros in February, has been promoted by the Chancellery.
One thing is certain, at the same time , as evidenced by his interview, Bernard Tapie has in turn changed lawyers and found the moral: “In early summer, my wife said to me ‘Make them all and barons us’, he says. Two months later, the atmosphere is the same. The former head of the OM is sharp, confident again, and certainly his defense will pay. Opposite? “A small disaster is on the way …” Prognostic an observer at Bercy.
The CDR, public structure to represent the Credit Lyonnais, has in no muscular defense, even though his lawyer “historic” has regularly lost to Tapie. “Martel is on vacation”, told the JDD its secretariat. “We submitted our findings in late June,” said one of his collaborators, for which “everything is ready”. Yet neither Me Jean-Yves Garaud, former lawyer EPFR (public institution for financing and restructuring) or William Bourdon, his lawyer criminal, who know all Tapie records, have been called in. They were dismissed. “The Tapie camp has worked precisely by drawing in different folders of the parts they are talking to indiscriminately,” an expert analysis. “Their strength is to twist documents in their direction. If, in the face, nor the lawyers and the judges do not know all the files perfectly, their sales pitches may work,” added the specialist, convinced for his part that “Bernard Tapie tells the same tale for twenty years. “
An impressive series of” shortcomings “
In front of dark, muted rivalries are never refereed the CDR works” wheel free “without real supervision. “Moscovici was not even able to impose an ad hoc team of lawyers, recalls a member of the cabinet of the former Minister of Economy. As for Arnaud Montebourg, he had summoned the CDR boss to impose a change of line … but it was landed less than ten days before the meeting. “
In the end, even if the CDR is” independent “, yet it is public money that pay the possible slate. “Macron cares, Fir loses interest, and Bercy is a nebula where nobody really control,” a senior official gets angry. Each firm has its legal expert, and each decision quickly détricotée. Several experts consulted by the JDD emphasize that Tapie is a proof among others a “locked system.” “One sometimes has the impression that Bercy does what he can to lose, and it’s even more despairing that this folder is not actually loseable. If you do not resume soon, history could be repeated, “laments for his part law professor Thomas Clay, back specialist. Turini Regis, head of the Ape (State Participation Agency) warned before the summer, but was landed ….
According to our sources, a note titled Confusion and risks in defending the interests of the State runs since June the Ministry of Finance. It lists an impressive series of “shortcomings”. White notes in particular advocated, there is already three months that the state implement seizure of the property of Bernard Tapie. It also suggested launching a conflict of interest procedure to spread the new lawyer of the businessman, who has been consulted by the CDR in the past. Finally, lack of decision, there was neither initiated nor even attempted. The document, in case of parliamentary inquiry, could serve as evidence. A very embarrassing for some part in the event that the state had lost a billion Tapie face.
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