Key points
- Issue: A client refused to pay the outstanding balance for an application design service, which he considered incomplete, and claimed €10,000 in damages.
- Decision: the court found that the contract had been partially performed, declared it terminated and limited the amount due to the services for which payment had been proven.
- Outcome: The client must pay €5,000 (including VAT), interest and €40 in recovery costs; their claim for damages was dismissed.
Application deemed incomplete: the client must pay part of the invoice
A dispute over an IT invoice arose between a service provider and its client. The client refused to pay, arguing that the design of the commissioned application remained incomplete. The client had taken the matter to court seeking the termination of the contract and €10,000 in damages.
GOLDWIN defended the service provider, assisted by Maître Jonathan BELLAICHE. In a judgement dated 30 September 2026, the Paris Commercial Court ordered the client to pay the service provider €5,000 (including VAT), interest and €40 in recovery costs. However, the court found that the contract had been partially performed and ordered its termination.
Why was the invoice disputed?
The client refused to pay the outstanding balance, arguing that the design of the commissioned application remained incomplete. The contract, signed in November 2023, was for a cash flow management app aimed at SMEs. It covered the preparation of technical specifications, a roadmap, brand identity, mock-ups and a clickable prototype.
The service provider argued that the contract covered only the design phase, which was distinct from the subsequent development of the application. The price, approximately €17,000 excluding VAT, was payable in two instalments, with the balance due three weeks after the start of the service. The client brought the matter before the court to seek the termination of the contract – that is, its annulment on the grounds of non-performance – and damages.
How did the court determine the amount to be paid?
The court partially upheld the disputed IT services invoice: the client must pay €5,000 including VAT. It found that the contract had been partially performed, hence the reduced payment and the termination.
The court examined each service provided and the evidence supporting it. It accepted the brand identity and the project roadmap; in light of the correspondence, it found no breach regarding the prototype.
However, certain technical elements were not substantiated and other services remained incomplete. Each claim was addressed:
| Claim | Court’s decision |
|---|---|
| Balance of €8,700 (service provider) | €5,000 including VAT, plus interest and €40 |
| Unreasonable obstruction, €3,000 (service provider) | Dismissed |
| Termination of the contract (client) | Ordered on the date of the judgement |
| Damages, €10,000 (client) | Dismissed, damages not substantiated |
| Section 700 of the Code of Civil Procedure | Dismissed in respect of both parties |
What should you bear in mind when faced with a disputed IT services invoice?
A service provider must be able to prove delivery of each deliverable specified in the contract in order to be paid in full. The court examines the contract section by section and adjusts the amount due in line with what is demonstrated.
The client, for their part, must provide precise evidence of the loss suffered in order to hold the developer contractually liable. Three precautions can help minimise the risk of a dispute:
- Define each deliverable and the phase covered by the contract.
- Keep evidence of the handover of each deliverable.
- Keep a record ofall communications confirming the work in progress.
Each situation must be assessed on a case-by-case basis. Is your client refusing to pay your invoice or disputing your deliverables? Contact one of our contract law solicitors to review the contract, correspondence and available documents.
Related areas of expertise
Commercial law › Contract law solicitor
Frequently asked questions about disputed IT invoices
Not in full if part of the work is proven to have been carried out. In this case, the court found that the work had been partially completed and ordered the client to pay €5,000 (including VAT) of the €8,700 claimed. The amount due depends on the deliverables actually demonstrated by the service provider. Each contract and each body of evidence is assessed on a case-by-case basis.
The contract has been terminated. In this case, the court ordered the termination with effect from the date of the judgement, on the grounds that the services had been partially performed. This termination did not prevent the court from ordering the client to pay €5,000 (including VAT ) for the work proven to have been carried out, with interest at the statutory rate plus 10 percentage points from 3 May 2024.
Yes. In addition to the €5,000 (including VAT ), the court ordered the customer to pay interest at the statutory rate plus 10 percentage points from 3 May 2024. It also awarded a lump-sum compensation of €40 for recovery costs. However, it dismissed the claim for €3,000 on the grounds of unreasonable resistance, that is to say, for unjustified refusal to pay.
Jonathan BELLAICHE
