CastaldiPartners with BOGGI Milano
Daniela Antona, Camille Gibert and Edouard Billemaz of CastaldiPartners have successfully represented BOGGI Milano in a dispute concerning commercial leases during a health crisis. In an unprecedented decision, the Ordinary Court of Paris, by way of summary judgment (Référé), ruled on the application of the protection regime established by Article 14 of Law no. 2020-1379 of 14 November 2020 regarding the enforcement of a bank guarantee on first demand by the landlord concerning rent arrears.
On the basis of what is known as "manifest unlawfulness" ("trouble manifestement illicite"), the Tribunal suspended the enforcement of the bank guarantee until "the expiry of the period of two months following the day on which the administrative police measure provided for by article 14 of the Law of November 14, 2020 will have come to an end".