In summary: In Arcs 1800, the Chambéry Court of Appeal upheld the lower court’s judgment, declaring the lease assignments unenforceable against Mr. [F], ordering Belambra Clubs to be evicted and ordering the latter to pay costs and additional expenses.
Lease assigned by Pierre et Vacances Maeva Tourisme Exploitation to Temmos Les Arcs and Belambra
On June 18, 2024, the Chambéry Court of Appeal handed down a ruling concerning a dispute between Belambra Clubs and Mr. [E] [F]. The dispute concerns a commercial lease initially granted by Mr. [F] to Pierre et Vacances Maeva Tourisme Exploitation, then transferred to Temmos Les Arcs and finally to Belambra Clubs.
Assignment of lease unenforceable in the absence of service or tacit acceptance
Mr. [F] contests the validity of these assignments, arguing that they were neither served on him nor tacitly accepted, thereby rendering them unenforceable.
The Albertville court ruled that Belambra Clubs’ claims were inadmissible, and ordered Belambra Clubs to pay Mr. [F] 1,500 euros under article 700 of the French Code of Civil Procedure, and to pay the costs. Belambra Clubs has appealed this decision.
The Court of Appeal examined the admissibility of Mr. [F]’s cross-appeal, concluding that his submissions complied with the requirements of article 954 of the French Code of Civil Procedure.
Lease assignments unenforceable due to lack of valid notification and tacit acceptance
The Court also confirmed that the lease assignments were unenforceable against Mr. [F] due to the absence of valid notification and tacit acceptance. Consequently, Belambra Clubs’ application to renew the lease was deemed inadmissible.
Belambra Clubs must vacate apartment no. 652 of the Hôtel du Golf in Les Arcs 1800.
The court also ruled on Mr. [F]’s request for eviction, ordering Belambra Clubs to vacate apartment no. 652 of the Hôtel du Golf in Les Arcs 1800 and return it with all related sets of keys.
No penalty
The request for a fine of 200 euros per day of delay was rejected.
Belambra Clubs ordered to pay the costs of the appeal proceedings and 1,500 euros under article 700 of the French Code of Civil Procedure.
Lastly, the Court ordered Belambra Clubs to pay the costs of the appeal proceedings and 1,500 euros to Mr. [F] under article 700 of the French Code of Civil Procedure.
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