Key facts of the case - Mr Rabah Y. and Mrs Marinette X., both French nationals, married in France in 1954. After the independence of Algeria (1962), Mr Y. was naturalized Algerian and married a second time in Algeria with Mrs Fethita A., under Algerian law. He died in France in 1978 (work accident). The court of appeal of Lyon had decided that the second marriage could produce effects in France only if it was not contrary to the French concept of international public order. In addition, the second wife could argue of her statute of widow in France only if this was not contrary to the French concept of international public order. The court of appeal eventually held that the allowance following the husband decease should be equally divided between both wives.

Main reasoning of the court - The court of cassation overturns this ruling on the ground that the French concept of international public order oppose that the polygamy marriage entered abroad by a man who is still the husband of a French woman produces effects against her. Accordingly, the court of appeal ruling was in breach of the above mentioned provisions.