The Cour de cassation confirms that Covid unpaid rents are due
A reaffirmation of the case law of June 2022
The Third Civil Chamber of the French Supreme Court has rejected the argument of partial loss of the property put forward by the operator ODALYS, to refuse to pay its unpaid rent during the COVID period (ie 2020 and 2021).
The Court of Cassation confirms and cites its rulings of principle of 30 June 2022 last:
“Having regard to Article 1722 of the Civil Code and Articles 4 of Emergency Act No. 2020-290 of 23 March 2020 to deal with the covid-19 epidemic, 3, I, 2°, of Decree No. 2020-293 of 23 March 2020, supplemented by decree no. 2020-423 of 14 April 2020 and the decrees of 14 and 16 March 2020 issued by the Minister for Solidarity and Health:
It follows from the last four texts that the ban on receiving members of the public, enacted as part of the state of health emergency that has been declared throughout the country, has been lifted on the whole of France, was decided, depending on the category of establishment receiving the public, for the sole purpose of guaranteeing public health.
6 . It follows that the effect of this general and temporary measure, with no direct link to the contractual purpose of the rented premises, cannot be equated with the loss of the property, within the meaning of the first of these texts (3rd Civil Division, 30 June 2022, Appeal no. 21-20.127, published).
In rejecting the claim for payment of rent, the court held that the fact that it was impossible to use the rented premises because of government measures taken to prohibit the reception of the public in order to combat the epidemic of covid-19 epidemic must be equated with a partial loss of the leased property.
In so ruling, the court violated the aforementioned provisions.”
Court of Cassation, 3rd Civil Chamber, 16 March 2023 – no. 21-24.414
