Cass. com., June 18, 2025, no. 23-20.593 F-D The Cour de cassation recalls that the annulment of a partner's exclusion has a retroactive effect: the interested party regains his status as a partner as if he had never ceased to be one. He can therefore act in nullity of the meetings held between his exclusion…

Cass. com., June 12, 2025, n° 23-22.076 F-B, Sté Pasaryne ès qual. c/ Sté Kabrousse The termination of a commercial lease in the context of insolvency proceedings remains a legally regulated operation subject to strict conditions. The decision handed down by the Commercial Chamber of the French Supreme Court on June 12, 2025 provides an…

Cass. 3rd civ., June 19, 2025, no. 23-19.292 FS-B and no. 23-17.604 FS-B The commercial tenant's preferential right (C. com. art. L 145-46-1), which in principle enables him to acquire first the premises in which he operates his business, is excluded in the case of a global sale of a building including commercial premises. The…

Cour de cassation, Commercial Chamber, July 2, 2025, No. 24-13.438 Preliminary reminder: the fate of security interests attached to a pre-commencement claim Where a creditor holds a prior claim secured by a regularly published security interest prior to the judgment opening a collective procedure, it retains the benefit of this security interest during the procedure.…

Civ. 2e, May 22, 2025, n° 23-12.659 and No. 23-10.900 In these two cases, decided on the same day, individuals benefited from an over-indebtedness procedure, providing for the cancellation of their debts after a rescheduling period of 24 months. The question arose as to whether this cancellation of debts was conditional on the sale…

Cass. soc. June 11, 2025, no. 24-13.083 F-B An employee assigned to store deliveries, who had received a medical opinion stating that he was fit to work with reservations (in particular the use of an electric forklift), was sent to sites that were not equipped, in disregard of these instructions. Placed on sick leave, then…

CA Versailles, Dec. 10, 2024, no. 21/05807 A director of SAS, who was also an employee, paid himself €10,400 in compensation for untaken leave, without the prior approval of the strategic committee required by a pacte d'associés. This initiative led to his dismissal and dismissal for serious misconduct. In application of the agreement, he was…

Ccass. Com., May 7, 2025, appeal no. 23-15.931 A SARL and several of its partners sued a former managing director, claiming that management irregularities had caused damage to the company. The appeal court, considering that the ut singuli action is subsidiary, declared the partners' action inadmissible, as the company had already brought its own action.…