Cass. 1re civ., July 9, 2025, n° 23-23.066 F-D, Sté Le Moulin c/ CRCAM des Savoie The French Supreme Court (Cour de cassation) has confirmed established case law that a société civile immobilière (SCI) taking out a loan to finance the acquisition of a building is acting for professional purposes. It cannot therefore avail itself…

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 person concerned regains his status as a partner as if he had never ceased to be one. He can therefore sue for the nullity of meetings held between his exclusion…

Cass. com., June 12, 2025, n° 23-22.076 F-B, Sté Pasaryne ès qual. c/ Sté Kabrousse 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 important…

Cass. 3rd civ., June 19, 2025, no. 23-19.292 FS-B and no. 23-17.604 FS-B The preferential right of the commercial tenant (C. com. art. L 145-46-1), which in principle enables tenants to acquire the premises in which they run their business as a priority, is excluded in the case of a global sale of a building…

Court of Cassation, Commercial Chamber, July 2, 2025, No. 24-13.438 A preliminary reminder: the fate of security interests attached to a pre-commencement claim Where a creditor holds a prior claim secured by a security interest duly published before the judgment opening collective proceedings, he retains the benefit of this security interest during the proceedings. The…

Civ.2e, May 22, 2025, no. 23-12.659 and n° 23-10.900 In these two cases, decided on the same day, individuals benefited from an over-indebtedness procedure, under which their debts were written off after a rescheduling period of 24 months. The question arises as to whether this debt write-off is conditional on the sale of the…

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 An executive of a SASofficer, who was also an employee, paid himself €10,400 in compensation for untaken vacation, without the prior approval of the strategic committee required by a shareholders' agreement. shareholders' agreement. This initiative led to his dismissal for serious misconduct. Under the terms of the…

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