Antibes Commercial Court judgment — SARL Les Pins

GENERAL REGISTER ENTRY NUMBER: 2001 004879 Enalusent_.132 Deboore. fort. Total Graffe 132,00 T.V.A106% _21,01 GROSsE_ DELIVREH COMMERCIAL COURT OF ANTIBES FIRST CHAMBER JUDGMENT OF 26/10/2001 CLAIMANT(S): MONSIEUR COLLORAFI BERNARD 21 B CHEMIN DE L'ESTELLE 06110 LE CANNET REPRESENTED BY: APPEARING IN PERSON ****** **************** DEFENDANT(S) : SARL LES PINS (SARL) 32 AVENUE DE CANNES 06160 JUAN LES PINS REPRESENTED BY: **** **** COMPOSITION OF THE COURT DURING THE HEARINGS AND DO DELIBERATION: PRESIDING JUDGE : MONSIEUR IPPOLITO SITTING JUDGE(S) : MONSIEUR CIAMPI MONSIEUR SALON ***** ***** ******** CLERK DURING THE HEARINGS: MAITRE Francoise REES HEARINGS AT THE SITTING OF 24/10/2001 ************************* LA BOR CORE O00 0O00 ON 23 OCTOBER 2001 MONSIEUR COLLORAFI BERNARD MANAGER FILED THE DECLARATION OF CESSATION OF PAYMENTS OF: SARL LES PINS (SARL) 32 AVENUE DE CANNES 06160 JOAN LES PINS SECONDARY ESTABLISHMENT: / ANTIDES • 411 272 289 ( 97 B 734) ACTIVITY: FOOD CATERING TRADING NAME: NONE MANAGER: MONSIEUR COLLORAFI BERNARD RESIDING AT: 21 B CHEMIN DE L'ESTELLE 06110 LE CANNET THE DEBTOR ON THE ONE HAND, THE STAFF REPRESENTATIVE ON THE OTHER, WERE SUMMONED AND NOTIFIED TO APPEAR IN CHAMBERS HELD ON 24 OCTOBER 2001, ON WHICH DATE THE DEBTOR APPEARED AND THE CASE WAS RESERVED FOR JUDGMENT; THE PUBLIC PROSECUTOR WAS NOTIFIED IN ACCORDANCE WITH THE LAW; APPEARANCE OF: - MONSIEUR BERNARD COLLORAFI MANAGER DISCUSSION WHEREAS FROM THE INFORMATION PROVIDED AT THE HEARING, IT EMERGES THAT THE RECOVERY OF THE BUSINESS IS MANIFESTLY IMPOSSIBLE; THAT THE CLAIMANT SEEKS COMPULSORY LIQUIDATION; THAT THERE IS THEREFORE GROUND TO OPEN DIRECTLY A COMPULSORY LIQUIDATION PROCEDURE IN ACCORDANCE WITH ARTICLE I 622-1 OF THE COMMERCIAL CODE; FOR THESE REASONS THE COURT • HAVING DELIBERATED IN ACCORDANCE WITH THE LAW, RULING BY ADVERSARIAL JUDGMENT AND AT FIRST INSTANCE; HAVING REGARD TO ARTICLE L 622-1 OF THE COMMERCIAL CODE; FINDS THE STATE OF CESSATION OF PAYMENTS OF: SARL LES PINS (SARL) 32 AVENUE DE CANNES 06160 JUAN LES PINS SECONDARY ESTABLISHMENT: / OPENS A COMPULSORY LIQUIDATION PROCEDURE AGAINST IT; PROVISIONALLY FIXES THE DATE OF CESSATION OF PAYMENTS AT: 26 APRIL 2000 APPOINTS ONE OF THE MEMBERS OF THE COURT AS: SUPERVISING JUDGE: MADAME PETIT DEPUTY SUPERVISING JUDGE: MONSIEUR SALON APPOINTS: MAITRE GILLES GAUTHIER - OPHIRA II - 630 RTE DES DOLINES SOPHIA ANTIPOLIS 06560 VALBONNE- AS COURT-APPOINTED LIQUIDATOR; STATES THAT THE WORKS COUNCIL OR, FAILING THAT, THE STAFF DELEGATES, OR FAILING THAT, THE EMPLOYEES, SHALL DESIGNATE WITHIN THE BUSINESS, AN EMPLOYEE REPRESENTATIVE, IN ACCORDANCE WITH ARTICLE L622-2, PARAGRAPH 2 OF THE COMMERCIAL CODE, AND SHALL COMMUNICATE HIS NAME AND ADDRESS TO THE REGISTRY WITHIN A PERIOD OF TEN DAYS FROM THE PRESENT JUDGMENT, OR FAILING THAT, A RECORD OF DEFAULT; STATES THAT, PURSUANT TO THE PROVISIONS OF ARTICLE L621-18 OF THE COMMERCIAL CODE, A PRECISE INVENTORY WILL BE MADE OF THE ASSETS HELD BY THE DEBTOR; STATES THAT THE LIQUIDATOR MUST FILE THE LIST OF CLAIMS WITHIN A PERIOD OF TEN MONTHS FROM THE DATE OF PUBLICATION IN THE B.O.D.A.C.C. OF THE NOTICE OF DECLARATION TO CREDITORS; ORDERS THE CLERK TO CARRY OUT ALL THE NOTIFICATIONS AND PUBLICATIONS MANDATORY IN SUCH MATTERS IN APPLICATION OF THE DECREE OF 27.12.1985; STATES THAT THE COSTS ARE PRIVILEGED EXPENSES: THUS JUDGED AND PRONOUNCED AT ANTIBES, ON THE DAYS, MONTH AND YEAR APPEARING AT THE HEAD OF THE PRESENT DECISION AND HAVE SIGNED THE PRESIDING JUDGE AND THE CLERK LE CHEFFIER THE PRESIDING JUDGE