Application pratique:

According to this case law, if the eviction has not yet occurred, the court must assess the value of the business (including the increased turnover and clientele) at the date of the judgment, not at the date of the eviction notice. The baker should therefore keep detailed financial records, customer contracts, and marketing evidence showing the business's growth. Submit these documents to the court to demand a higher eviction compensation, which should reflect the current, more profitable state of the business.

Application pratique:

This ruling means that if the eviction case goes to court and the eviction is not yet executed, the compensation (paid by the landlord to the tenant) will be based on the bookstore's value at the date of the court's decision. As a landlord, you could face a significantly higher payout if the business has grown. To avoid paying more later, consider negotiating a settlement with the tenant now, or accelerate the eviction proceedings, so the compensation is fixed at an earlier, lower value. Consult an expert to estimate both current and potential future values.

Application pratique:

The case law clarifies that the compensation amount is not fixed until the judgment date, so as a buyer you are taking on a risk: the court might award a much higher eviction compensation to the seller, but that amount could reduce the garage's attractiveness or affect the purchase price. Before completing the purchase, commission an independent valuation of the business as of the likely judgment date, and require the seller to provide a full history of the dispute. In the sale contract, include a clause that adjusts the price if the final compensation awarded is higher or lower than anticipated, protecting your investment.