Court of Cassation, Civil, Civil Chamber 3, December 3, 2020, 19-20.613, Unpublished
Under the terms of a judgment delivered on December 3, 2020, the 3rd civil chamber of the Court of Cassation ruled that the judicial termination of a commercial lease contract for failure to operate the premises cannot be pronounced if no express stipulation of the lease does not oblige the lessee to operate his business in the leased premises.
Indeed, the Court of Cassation quashed the judgment of the Court of Appeal having pronounced the termination of the commercial lease at the faults shared between the lessee and the lessor on the grounds that the lessee had committed a serious fault by ceasing all exploitation and by leaving the rented premises, even though the exercise of a commercial activity was not hindered.
The Court of Cassation thus held that:
" Having regard to Articles 1184, in its wording prior to that resulting from the order of February 10, 2016 , and 1728 of the Civil Code: it follows from these texts that the judicial termination of a commercial lease for failure to operate the premises does not may be pronounced if no express stipulation of the lease obliges the lessee to operate his business in the leased premises”.
It is therefore recommended that lessors include in the lease contract a clause under the terms of which the lessee will have the obligation to operate its premises with the exception of periods of closure such as annual holidays or during the performance of works.
