Fails to draw the legal consequences

Application pratique:

The termination is void because you failed to notify the bank, as required by law to protect creditors. The court confirmed that a creditor with a registered charge must receive the writ, giving them the chance to pay the arrears and preserve the lease. To rectify this, you must start again and serve the writ on the bank (Banque de l'Entreprise). Next time, before issuing any termination notice, check the commercial court registry (greffe du tribunal de commerce) for registered charges on the tenant's business and ensure all creditors are properly served.

Application pratique:

Even before the landlord sends a writ for termination, inform Crédit Lyonnais of the situation. Under this case law, if the landlord fails to serve the bank with the termination writ, your lease could be saved because the bank has the right to pay the arrears to protect its security. But do not rely on that: proactively ask the bank if they will pay the arrears to avoid termination, as this preserves both your lease and their collateral. The bank may agree to pay and then restructure your debt. Keep the bank updated at every stage.

Application pratique:

Immediately contact the landlord and the tenant to request a copy of any formal demands or writs. You have the legal right to receive all termination proceedings under this ruling, and if not served, any termination could be quashed. Assess whether paying the arrears (e.g., €13,200) is financially sound to preserve the lease and your security. If so, pay the arrears directly to the landlord before the termination deadline, and then seek reimbursement from the tenant or renegotiate the loan. Monitor the situation closely, as you can apply to the court to be added as an interested party if needed.