The Requirement of Actual Operation

Application pratique:

Under this case law, legitimate grounds for non-operation, such as a proven illness, override the requirement of effective operation. The landlord should first request full documentation of the tenant's reason. If the closure is legitimate, a court may grant renewal despite the inactivity. Seek legal advice before serving a refusal, as wrongful opposition could lead to damages.

Application pratique:

The court ruling establishes that a legitimate interruption, like complying with mandatory safety repairs, does not strip the tenant of renewal rights. The restaurateur should gather all evidence: the court order, correspondence with the landlord, and proof that the closure was unavoidable. If the landlord persists, the tenant can sue for renewal, as judges have discretion to consider the circumstances.

Application pratique:

The Court of Cassation's decision supports the pharmacy's position: closure for legitimate grounds (here, complying with co-ownership decisions) does not forfeit renewal rights. The co-owner who supports the tenant should present the general meeting's resolution and renovation invoices as proof of legitimacy. To resolve the dispute, the co-owners should vote on the renewal or seek a judicial declaration that the tenant's right remains intact, avoiding costly litigation between co-owners.