lun., 14 avr. 2014 10:16:00 +0000

Obligation to be entered on the RCS so as to receive the status of a commercial lease

In its ruling no. 12-26179 of 22 January 2014, the Civil Chamber at the Court of Cassation reiterated the importance of prior registration on the Trade and Companies Register (RCS) so as to benefit from the status of commercial leases.

In the case at hand, a company was conferred seven seasonal leases, each concluded for a term of nine months. At the time when the lessor issued notice, the company served a summons for recognition of the existence of a commercial lease subject to status. However, the company was not entered on the RCS at the time of issuing the summons and this was undertaken during legal proceedings. The Court of Cassation deemed that the tenant claiming benefit of the status of commercial lease should justify its entry on the RCS as at the date of summons and not subsequently.

Consult ruling no. 12-26179 of 22 January 2014 by the third Civil Chamber at the Court of Cassation.