Cannes Business Court ruling of April 30, 2021 condemns AXA for compensating Sebastian Minardi’s restaurant for operating loss: “ Cellar For two prison terms (spring 2020 and autumn-winter 2021) in Mouns-Chartoux.
The decision marks a new victory for the RestoSemple joint venture formed in March 2020 following the government’s announcement that it would implement the first imprisonment. The Resto Group brings together more than 260 directors of CHRD companies that have been severely affected and threatened by the COVID19 crisis. The association provides a special toolbox with all the official information, downloadable documents, and weekly updates on assistance development.
The court held that the waiver rule was very general and therefore contradictory to the object of the warranty, which aims specifically at the health risks of restaurants.
This waiver rule, administrative closures caused by infectious diseases, is guaranteed by contract and will only be closed if an institution in the department is closed for the same reason. This exemption implies losing the guarantee of its consequences because an epidemic does not lead to the closure of an establishment. However, it is prohibited by law to snatch a guarantee for its consequences.
This is a decision that confirms our approach, which we are pursuing for dozens and dozens of restaurants across France. A few days ago, the Cannes Commercial Court issued a judgment in favor of the AXA with close terms. It is therefore an important achievement in a jurisdiction not achieved by the AXA.
Antoine Way – Cabinet Way & Associates
I am happy with this conclusion. We fought with the support and impetus of Restoensemble to get this decision and the possibility of compensation.
Sebastian Minardi – “ Cellar »
On March 14, 2020, following government announcements that COVID19 had begun to drastically close down non-essential businesses, Stephanie and Johann Lekler and Julie and Laurent Trochain, business leaders and restaurant owners decided to exchange information and pool activities. They were quickly joined by Carolyn Savoy, then Solange and Nicola Adam and finally Sebastian Richard.
It is called RestoSemple because it has a unifying role. It brings together the leaders of CHRD organizations that have been severely affected and threatened by the COVID19 crisis. All of these business leaders are motivated by one thing: to save their businesses.
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