The dispute between this trader and his lessor has come before the judges. The court ruled that the seller had not respected his commercial lease
This pastry’s mistake landed it in trouble. This is about the Eclair de Génie, a brand located in the 4e district of Paris. In 2012, it took over a commercial lease for an annual rent of 36,010.88 euros. The contractual designation is clear: “manufacturing without extraction system, on-site and take-away sales of pastries, delicatessens, accessories and utensils.” No dispute so far.
However, over the years, Eclair de Génie has developed its offer for its customers. In the store, a bench is installed along one wall so customers can sit. There are also four bistro tables with chairs and place settings set up to serve customers on site. In addition to this, there are bar stools and a wall shelf to facilitate on-site installation for buyers.
At the back of the room, other tables and other chairs are present. The pastry shop no longer simply sells cakes on site and to take away. She serves customers there, and this is going to cause her big problems. SCI DLV1, lessor of the premises, called on a bailiff on June 21, 2019. In his report, the bailiff describes all of the installations intended for sale on site. Chairs, tables, benches, everything is carefully noted.
In addition to the report, the SCI DLV1 triggers the termination clause which allows a lessor to terminate a lease if the tenant does not meet its obligations. The tenant then has one month to comply with the lessor’s requirements. Otherwise, the lessor can have the termination of the lease noted by the judge.
In addition to this concern, SCI DLV1 reports delays in the payment of rent. On July 3, 2019, L’Eclair de Génie responded that the installation of seats complies with the “sale on site” notice in the lease. She adds that she will pay the rent quickly despite a slight delay. The pastry shop therefore does not change its layout despite the termination clause entered into by the lessor.
On July 30, 2019, more than a month after the clause was initiated, a bailiff again noted that the arrangement was still there. The lease is therefore supposed to be ended. Several months later, on January 15, 2020, SCI DLV1 took the pastry shop to court to establish that the lease had indeed been terminated. She finally withdrew her request without giving any reasons.
It is ultimately the pastry shop which takes the lessor to court on September 4, 2020 to denounce the breach of the lease. She wishes to prove that the activity was authorized by the lease, and to demonstrate her good faith, she indicates having removed all the catering furniture from the premises. This legal action is accompanied by a request to renew the lease for 9 years. Request which was refused by the lessor on December 21, 2020.
You have to wait three years to have a first court decision. On December 7, 2023, the Paris judicial court ruled in favor of the lessor and explained that the lease had been terminated since July 22, 2019. It ordered the pastry shop to vacate the premises within one month under penalty of eviction by the police. She is ordered to pay 46,665.87 euros in compensation as well as various legal costs. L’Eclair de Génie appeals the decision but resolves to return the premises in March 2025.
On April 16, 2026, the Court of Appeal confirmed the decision of the judicial court with a few details. The compensation of 46,665.87 euros was declared irrelevant by the judges, which means that the pastry shop should not pay it. On the other hand, legal costs and other occupancy compensation after the expiration of the lease make a total bill estimated at 124,500 euros.
