On May 23, 2024, the Nîmes commercial court ordered Edeis, manager of Roman monuments in Nîmes, to compensate its former subcontractor following the termination of their contract. For the consular judges, the economic damage to the company producing the shows amounts to 241,605 euros.
In its judgment of May 23, 2024, the Nîmes commercial court ordered the company Edeis Concession to compensate its former economic partner, the show producer, creator of live shows, R2B consulting, following the termination of their contractual relations.
In 2021, Edeis chose to collaborate specifically with this company, to respond to the call for tenders from the city of Nîmes, particularly regarding the cultural and event animation, among other things, of the ancient arenas over the periods 2022-2023 and 2024.
Under the terms of this partnership and show exploitation contract, R2B was then to ensure the executive production of Roman shows and events, such as the shows Hadrian and the Pictish War played in the arenas in May 2022 for the Roman days and Nîmes, City of the Godsto be presented there every year in August.
No real consultation
But on June 9, 2022, R2B decided to terminate this contract. According to it, due to a lack of real consultation with its co-contractor Edeis, in the execution of their contractual relationship.
In line with this analysis, the commercial court of Nîmes points out in its decision of May 23rd in particular that the so-called “consultation” “did not consist in reality... “than the pure and simple application of the choices of edeis”.
For the consular judges, the termination of this contract, although initiated by R2B, is therefore the responsibility of Edeis. “The latter did not allow R2B to play its role predefined by their partnership contract“, note the judges to motivate their judgment.
Breakup of R2B, EDEIS condemned
Stressing, moreover, R2B’s desire to maintain cordial relations with Edeis despite the end of their contract, the court further considers that Edeis Concession had not, during the execution of the said agreement, “assured of serene relations with its partners. Treating for example R2B as an “assistant”, which demonstrates that because it finances, it (the Edeis company, Editor’s note) grants itself all the rights in defiance of its contractual commitments“, point out, for example, the consular judges.
Beyond rejecting Edeis’ request to challenge R2B’s liability in the termination, it is therefore Edeis who is here condemned by the court. And who thus sees his liability engaged for fault.
241 605 euros
Given the financial consequences of this rupture, Edeis is thus ordered to compensate the economic loss of the company producing the show to the amount of 241,605 euros. A sum corresponding, according to the judges, to the estimate of its foreseeable turnover for the remainder of the contract to run. A contract which initially expired in 2024.
Following the termination of this contractual relationship, R2B currently placed under judicial protection will however have to reimburse some 82,108 euros to Edeis in application of the judges’ decision. A sum corresponding precisely to advances of costs unnecessarily incurred by it, in anticipation in this case of the production of the show Nîmes, City of the Gods.
Edeis appeal, enforceable judgment
Reached by telephone, the lawyer for the R2B company believes in this case that his client was precisely forced to resign by his co-contractor.
“The actions of Edeis in the context of this contract led to a real moral crisis which then made the normal execution of its contractual obligations by my client simply impossible. The latter therefore had no other choice than to draw the consequences by withdrawing from the project”, he explains.
According to our information, the Edeis concession company has for its part appealed this judgment which is already enforceable. Contacted this Thursday, June 27, the company candidate for its own succession, regarding the DSP relating to the management of the Roman monuments in Nîmes, did not respond to our request.
