Audrey Marie

Holder of a Master II degree in European Union Economic Law from the University of Paris 1 – Panthéon-Sorbonne

Audrey Marie, business litigation lawyer in Aix-en-Provence

Audrey Marie is a lawyer admitted to the Aix-en-Provence Bar, a partner at ARST Avocats, and head of the firm's Aix-en-Provence office. After beginning her career at the Paris Bar, she joined ARST Avocats in 2018. Her business litigation practice leads her to advise companies, executives, partners, and real estate professionals throughout southeastern France.

Her practice focuses primarily on business litigation, real estate law, and commercial leases. She also handles cases involving companies in difficulty, as well as providing advice, negotiating, and drafting commercial contracts.

Audrey Marie assists her clients from the initial analysis of the dispute through to its resolution, whether negotiated or through litigation. Her experience allows her to define a strategy that takes into account the specific legal, economic, and operational issues of each case.

Business law litigation and commercial disputes

Audrey Marie intervenes in disputes that may arise during the course of relations between companies, associates or business partners.

His business litigation practice notably covers:

• the non-performance or defective performance of a contract;
• the early or abusive termination of a contractual relationship;
• the abrupt termination of an established business relationship;
• unpaid invoices and debt collection;
• contractual or tortious liability;
• conflicts between partners;
• disputes arising from the sale of a business, securities or goodwill;
• disputes relating to contractual guarantees;
• precautionary measures and emergency procedures;
• judicial expert reports.

She represents her clients before civil and commercial courts, at first instance as well as before the courts of appeal.

Before initiating proceedings, she assesses with the client the legal soundness of their claims, the available evidence, the cost of litigation, the prospects for enforcement of the decision and the possibilities for amicable settlement.

Commercial leases and real estate litigation

Audrey Marie has extensive experience in commercial lease law. She advises and represents landlords, tenants, investors, owners, and operators in matters relating to the formation, performance, renewal, or termination of leases.

She is particularly involved in cases concerning:

• drafting and negotiating the commercial lease;
• the allocation of expenses, taxes, works and repairs;
• the setting and revision of the rent;
• the renewal of the lease;
• the capping or uncapping of rent;
• refusal to renew and eviction compensation;
• payment orders and termination clauses;
• unpaid rent and charges;
• changes in activity and despecialization;
• the transfer of the lease or the business;
• the works, disorders and breaches of obligations of the landlord or tenant;
• the termination of the lease and the eviction;
• the return of the premises and occupancy compensation.

She also intervenes in expert assessments relating to rental value, eviction compensation, works or defects affecting commercial premises.

His knowledge of real estate litigation allows him to deal more broadly with disputes relating to the ownership, occupancy, construction or operation of professional real estate assets.

Commercial leases and companies in difficulty

Audrey Marie deals with the difficulties relating to the fate of commercial leases when a tenant company is subject to safeguard proceedings, receivership or liquidation proceedings.

It assists both landlords and tenant companies on issues relating to:

• to the continuation or termination of the lease;
• to the payment of rents prior to and after the opening judgment;
• to the declaration and admission of rental claims;
• to the game of the termination clause;
• upon the return of the premises;
• to occupancy compensation;
• to the transfer of the lease as part of a transfer plan;
• to the fate of the agreement and solidarity clauses;
• to the work and costs of restoration.

This combined expertise in commercial lease law and insolvency proceedings allows him to quickly determine the rights and means of action of each of the parties.

Insolvency proceedings and companies in difficulty

Audrey Marie assists companies, their managers and their creditors in the prevention and treatment of economic difficulties.

It is involved in the following context:

• ad hoc mandate and conciliation procedures;
• safeguard and judicial reorganization procedures;
• judicial liquidations;
• declarations and disputes of claims;
• claims and demands for restitution;
• negotiations with the procedural bodies;
• actions concerning the liability of directors;
• disputes relating to the execution of a plan;
• projects involving the sale of activities or assets.

She also advises the contracting parties of a company subject to collective proceedings on the fate of current contracts and the measures necessary to preserve their rights.

Debt collection and enforcement measures

Audrey Marie intervenes in the amicable and judicial recovery of commercial debts.

After verifying that the debt is certain, liquid, and due, it determines the most appropriate procedure:

• formal notice;
• negotiation of a timetable;
• transactional protocol;
• order to pay;
• interim relief;
• action at the heart of the matter;
• precautionary seizure;
• obtaining and enforcement of a court decision;
• Declaration of claim in the event of insolvency proceedings against the debtor.

Its intervention takes into account the debtor's solvency, the urgency, the available guarantees and the real prospects for recovery.

Commercial contracts and business law advice

Audrey Marie's litigation experience informs her business law consulting practice. Her understanding of the difficulties encountered in court allows her to identify clauses that can prevent disputes or facilitate their resolution.

She assists companies in the negotiation, drafting and revision process:

• service contracts;
• supply contracts;
• partnership agreements;
• subcontracting agreements;
• general terms and conditions of sale or purchase;
• acknowledgments of debt;
• memoranda of understanding and transactions;
• contracts relating to the operation of real estate assets.

It also intervenes during the execution of the contract to help the client formalize their reservations, manage a breach, renegotiate the terms of the relationship or prepare for its termination.

A local presence in the Southeast

Audrey Marie leads and manages the ARST Avocats office in Aix-en-Provence. She works closely with companies, managers and real estate professionals located in the Bouches-du-Rhône, Var, Vaucluse, Alpes-Maritimes and, more broadly, in the South-East of France.

This regional presence is part of the firm's national organization. It allows Audrey Marie to mobilize the skills of other ARST Avocats departments when cases also involve social, corporate, contractual, criminal or insolvent issues.

Holding a Master II in European Union economic law from the University of Paris 1 Panthéon-Sorbonne, she combines her litigation practice with a cross-cutting understanding of economic activity and business relations.