The summary order issued on July 1, 2024 by the Judicial Court of Nanterre concerns a dispute between two lessors and the company Adagio. The dispute arose from a commercial lease entered into on March 9, 2007 for a condominium lot in the Adagio Paris Montrouge tourist residence. The plaintiffs summoned the Adagio company before the interim relief judge for unpaid rent for the years 2020 and 2021, totaling 4,950.56 euros. They also claimed 6,000 euros in damages for abusive resistance, as well as 1,800 euros under article 700 of the French Code of Civil Procedure to cover legal costs.
The landlords argued that Adagio could not invoke cash flow difficulties or restrictions due to the COVID-19 pandemic as force majeure to justify the unpaid invoices. They pointed out that the general ban on receiving the public did not constitute a loss of the leased property, and did not release the operator from his obligation to pay rent.
In response, Adagio argued that the administrative measures imposed during the health crisis made it impossible to operate the premises commercially, thus justifying the exception of non-performance and the partial loss of the leased property. Adagio also contested the claim of abusive resistance. After hearing the arguments of both parties, the court ruled that the administrative measures relating to the health crisis were not attributable to the lessor and did not constitute a breach of the obligation to deliver. Consequently, it rejected Adagio’s arguments concerning the exception of non-performance and the partial loss of the leased property. The court recognized that Adagio’s obligation to pay the unpaid rent was not seriously disputable, and ordered it to pay the plaintiffs €4,950.56.
4,950 € in covid rents
On July1, 2024, the interim relief judge of the Nanterre judicial court ordered a Pierre et Vacances group company to pay a lessor of the Adagio Montrouge tourist residence a total of €4,950 in unpaid covid rent.
1,200 in legal fees
The judges ordered PIERRE ET VACANCES to pay €1,200 in legal fees.
6,150 € total sentence
The operator must therefore make a total payment of €6,150.
Operator resists Court of Cassation ruling
PIERRE ET VACANCES group companies continue to refuse to pay their unpaid covid rents, despite the June 30, 2024 rulings of the French Supreme Court. The courts have been particularly hard hit since the covid years, lengthening the time it takes to hand down judgments.
The order is declared provisionally enforceable, allowing claimants to recover sums due immediately without waiting for a possible appeal.
This decision reflects the strict application of contractual obligations despite the exceptional circumstances linked to the pandemic, reaffirming that economic difficulties and administrative restrictions do not systematically justify the suspension and extinguishment of rental payment obligations.
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