Adagio Tour Eiffel: Pierre et Vacances’ unpaid covid rents

P and V refuses to apply the case law

The dispute concerned Pierre et vacances ‘ unpaid covid rents, and the conciliation amendments n°2 rejected by the Paris court.

Pierre et Vacances’ Adagio appeals against an order to pay 848,649 euros

PV HOLDING and PV-CP CITY, which operate the Adagio Tour Eiffel residence, were ordered to pay 31 lessors 848,649 euros (845,549 euros in unpaid rent and 3100 euros in article 700 CPC) in a judgment handed down on March 22, 2023 by the Paris judicial court.

Lessors ask for Adagio Tour Eiffel’s appeal to be dropped

These GROUPE PIERRE ET VACANCES companies have lodged an appeal against this judgment. The lessors have requested that the appeal be struck out on the grounds that the lessee has partially complied with the judgment.

Amendment no. 2 annulled by the court

As a reminder, the Paris Court annulled the conciliation amendments n°2 signed by some of the lessors:
“ It is clear from these documents that the lessor grants the lessee a deductible of 5 months’ contractual rent excluding taxes and charges, including the entire period from March 15, 2020 to June 13, 2020.
Reciprocally, the lessee undertakes to pay the lessor the positive difference between the contractual rent and the above-mentioned waiver, net of rent already paid, in respect of the restrictive measures periods on December 31, 2021.
Consequently, it follows from these endorsements that the lessee’s rent payments will be deferred, and not that the lessor will remit rent for the period from March 15, 2020 to June 13, 2020.
The plea raised to dismiss the action for payment brought by Mr. and Mrs. I. and by the company I. is inoperative. ”
(Judgment of the Paris judicial court, 18th civil division, March 22, 2023)
The Court of Appeal found that there was no proof that the lessee, a member of GROUPE PIERRE ET VACANCES, had made full payment of the condemnations.
The Court struck out the appeal lodged by PV HOLDING and PV-CP CITY, as requested by the lessors:
“ In particular, in the absence of a detailed individual and complete chronological account for each of the lessors mentioning with precision the sums called in, the sums paid, the overpayments resulting from the effects of the judgments fixing the amount of rent retroactively to January ^1, 2017, in the absence of an individual file for each lessor containing the documents establishing the agreements reached during the conciliations and the reality of the payments made, the information provided does not make it possible to establish that the payment orders handed down by the judgment referred to have actually been enforced. ”
“ It has not been established that enforcement of the judgment referred to would entail manifestly excessive consequences, or that the appellants would be unable to enforce the decision.
Given that, on the basis of the evidence provided, the appellants have not proved that they have complied with the judgment, the appeal should be struck out.
PV HOLDING and PV-CP CITY will be ordered to pay the costs.
Cour d’appel de Paris, Pôle 5 – Chambre 3, N° RG 23/09184, ordonnance du conseiller à la mise en état du 4 avril 2024

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