Litigation Cap Bleu tourism residence operated by Goelia Gestion
Tourist residence in Martigues
On November 19, 2020, the Aix-en-Provence Court of Appeal handed down a ruling concerning a dispute between the Syndicat des copropriétaires de la Résidence Cap Bleu and SARL Goelia Gestion and SARL Cabinet Strozzi. The tourist residence, located in Martigues, had a swimming pool whose waterproofing was ensured by a liner. After Rhode Tourisme went into receivership, Goelia Gestion took over management of the residence in June 2013. Goelia Gestion operates on the basis of commercial leases signed with the owners. Urgent work was carried out by A+ Piscines to repair the swimming pool, partly financed by Goelia Gestion.
The Syndicat des copropriétaires disputed the quality of the work and refused to pay the balance to Goelia Gestion.
The Syndicat des copropriétaires disputed the quality of the work and refused to pay the balance due to Goelia Gestion. As a result, Goelia Gestion sued the Syndicat for payment of €12,000, plus damages. The Tribunal de Grande Instance d’Aix-en-Provence ordered the Syndicat to pay this sum, as well as irreducible costs, but dismissed the Syndicat’s warranty claim against Cabinet Strozzi.
Faulty management of the swimming pool works
The Syndicat appealed, accusing Cabinet Strozzi of faults in the management of the pool works, in particular for failing to check the insurance cover of the A+ Piscines company and for failing to take delivery of the works. The Court of Appeal confirmed that Cabinet Strozzi was not responsible for the choice of contractor or the defects, as the management of the pool had been delegated to Goelia Gestion. The Court also rejected the Syndicat’s other claims, including those concerning escrowed sums and unjustified debts.
However, the Court recalculated the administrative fees invoiced by Cabinet Strozzi, fixing them at €2,259.72 instead of €1,958.74, and ordered the Cabinet to reimburse this sum to the Syndicat. The Court dismissed the Syndicat’s claims for damages for loss of cash flow and compensation under article 700 of the French Code of Civil Procedure. Cabinet Strozzi was ordered to pay the costs of the appeal proceedings.
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