Object of the decision
Representation of a company in a dispute with its supplier. The latter had filed an irregular and false objection on the check given to the said company.
By order dated September 18, 2018, the Commercial Court of Aubenas:
- Found that the opposition made by the supplier was irregular and dilatory;
- Ordered the lifting of the opposition filed by the supplier on the check;
- States that the amount will bear interest at the legal rate from the date of issue of the check until full payment;
- States that the company may re-present the said check for collection;
- Ordered the supplier, in the event of inability to ensure payment of said check, to pay the amount provisionally plus interest at the legal rate from the date of issue of the check until full payment;
- Ordered the capitalization of interest;
- The company remains entitled to a right to order the supplier to pay the amount set out in Article 700 of the Code of Civil Procedure;
- Ordered the supplier to pay all costs of the proceedings, including court fees.
This decision is final.
