DECISION CA Paris (14 ° ch., Sect. A), May 2, 2001. N ° 01 – 588 – Company Laboratoires Besins international c / company Laboratoires HRA Pharma.
The non-performance of its obligations by one of the parties to a contract is such as to free the other party from its correlative obligations and authorizes the latter, not only to sue the termination of the contract, but also to temporarily refuse to provide the services incumbent on it, without the exercise of this option being subject to the authorization and control of a judge.
If article 873 of the new Code of Civil Procedure gives power to the interim judge to order the resumption of contractual relations, it is only when the contractor has implemented the exception of non-performance under conditions constituting a manifestly unlawful disturbance or if the right of the contracting party to maintain the effects of the contract is not seriously questionable.
Various applications – Contract and obligations – Synallagmatic contract – Exception non adimpleti contractus – Resumption of contractual relations – Conditions.
REVIEWED DECISION Court of Cassation, Civil Chamber number 1, February 10, 1998, Urban and Rural Development Company against Bensetti
AUTHOR (S) Seiller, Bertrand
Reference Recueil Dalloz Sirey , n ° 31 , 10/09/1998 , pp. 423-427
KEYWORDS Contract and obligations, exception of non-performance, industrial and commercial public service, SPIC, concessionaire, sanitation, obligation, non-performance, user, fee, payment, refusal