VACANCEOLE : lessor seeks the annulment of the lease

Summary of the order of the Béziers Judicial Court (Chamber 1, Section 9) – 9 April 2026, No. 23/03177

Background and parties

The case involves Mr [I] [O], the owner, and S.A.S. VACANCEOLE LANGUEDOC, the company managing a commercial lease initially entered into with BACOTEC GESTION and subsequently assigned to VACANCEOLE. Mr [O] brought proceedings against VACANCEOLE before the Béziers Judicial Court on 18 December 2023 seeking:

• To set aside the commercial lease of 19 August 2015, on the grounds of a defect in consent (Articles 1116 (old) and 1216-2 of the Civil Code).
• To obtain an order against VACANCEOLE to pay him €5,000 pursuant to Article 700 of the Code of Civil Procedure, as well as costs.

Proceedings and interlocutory matters

1. Order of 5 December 2024:
   • Dismissal of VACANCEOLE’s applications to set aside the summons and the notice to quit.
   • Order that VACANCEOLE pay €2,000 to Mr [O] (Article 700).
   • Referral to a pre-trial hearing on 6 February 2025 to conclude on the merits.
2. Order of 5 February 2026:
   • Closure of the preliminary proceedings: The pre-trial judge considers the case ready for trial.
   • VACANCEOLE ordered to pay an additional €1,000 to Mr [O] (Article 700) and to pay the costs of the interlocutory proceedings.
   • The trial hearing is set for 4 May 2026.

Application to set aside the order closing the investigation

On 1 March 2026, VACANCEOLE lodges an application to set aside the order closing the investigation (Articles 803 and 122 of the Code of Civil Procedure), arguing:

• The need to refer the case back to the preparatory proceedings to supplement its arguments.
• At the same time, it submits substantive submissions seeking:
  • To set aside the notice of eviction served by Mr [O].
  • To declare inadmissible Mr [O]’s claims or, in the alternative, to set compensation for eviction (€35,000 or expert valuation).
  • Order Mr [O] to pay the costs and to pay her €5,000 (Article 700).

Mr [O] responds by requesting the dismissal of the application for revocation and an order for VACANCEOLE to pay €1,000 (Article 700) as well as the costs.

The judge’s reasoning

1. Inadmissibility of the application for revocation:
   • Article 803 of the Code of Civil Procedure permits the revocation of the order closing the proceedings only in the event of a serious cause arising subsequently.
   • VACANCEOLE has not demonstrated a serious cause (e.g. discovery of new evidence).
   • The appointment of a solicitor after the proceedings have been closed does not constitute a valid cause.
2. Inadmissibility of the submissions on the merits:
   • Article 802 of the Code of Civil Procedure prohibits the filing of new submissions or documents after the closure of the case, on pain of inadmissibility.
   • VACANCEOLE’s submissions of 1 March 2026 (filed after the closure of the case) are inadmissible, because:
     • They do not present any new grounds or claims clearly set out (Article 768).
     • They do not comply with the procedure for resubmitting previous claims.
3. Orders:
   • Dismissal of the application for revocation.
   • Declaration of inadmissibility ex officio of VACANCEOLE’s submissions on the merits.
   • Order that VACANCEOLE pay €1,000 to Mr [O] (Article 700) and the costs of the interlocutory proceedings.

Final decision

The judge upholds the order closing the investigation and:

• Dismisses the application for revocation.
• Declares inadmissible VACANCEOLE’s submissions on the merits.
• Orders VACANCEOLE to pay €1,000 to Mr [O] and to bear the costs.
• Confirms the trial hearing for 4 May 2026.

Issues: This judgment highlights the strict procedural requirements regarding the closure of the investigation. Once the order closing the investigation has been issued, no new submissions or documents may be filed, except in serious circumstances (which have not been demonstrated here). The parties must prepare their arguments before the investigation is closed.