After the judgments of March 6, 2024 (Com. March 6, 2024, no. 22-23.657, no. 22-23.657 and no. 22-18.818, Dalloz actualité, March 26, 2024, obs. D. Boustani-Aufan; D. 2024. 477 ), here is a new decision handed down by the commercial chamber of the Court of Cassation which features a factor subrogated in the rights of its member placed in collective proceedings. On the other hand, in this decision of July 3, 2024, the dispute is completely different, since it only concerns the determination of the competent court to deal with the claim for payment made by a factor against the client of the company in receivership.
In this case, a company was placed in receivership proceedings by the Mont-de-Marsan Commercial Court, which was then converted into liquidation. During the receivership observation period, the company sold furniture products to a buyer. The latter was then summoned for payment by a bank before the Mont-de-Marsan Commercial Court pursuant to a factoring contract signed in 2005 with the seller. The claim for payment thus arises from the personal subrogation of the bank in the rights of the seller with whom it was linked by a factoring contract. As we know, subrogation ex parte creditoris is widely used in factoring relationships where the member, holder of receivables against his customers, is paid off by the factor who pays him the receivables in advance for a fee. The factor then becomes the holder by subrogation (see on this point, J.-Cl. Contracts – Distribution, v° Transfer of obligations, by Y. Marjault, fasc. 95, n° 52). This is how, by the…
