Justice. Mitigated punishment for the entrepreneur

The Court of Cassation has annulled the sanction of a business leader Ploërmel (Morbihan), sentenced to appeal to 7 years of management ban.

In November 2017, the head of a company of electrical works, installed in Ploërmel (Morbihan), had been condemned on appeal to 7 years of prohibition to manage after the bankruptcy of his company and to 150 000 euros to fill the deficit of the society. Wednesday, October 9, the Court of Cassation in Paris confirmed the obligation to pay the 150,000 euros, but canceled the ban management, finding it "not sufficiently motivated by the Court of Appeal."

After 22 years of existence, this company had been placed in bankruptcy in March 2013. The liabilities exceeded the assets of nearly 350 000 €, increased, according to the liquidator, by an artificial extension of the activity whereas the The existence of the company was irreparably compromised by a steady fall in sales and earnings since 2010.

As of October 2012, judged the court of appeal in November 2017, the manager "could no longer misunderstand the state of cessation of payments [...] he did however declared that March 1, 2013" . The judges noted other "misconduct"

management " which would have contributed to increase the insufficiency of assets by pursuing the activity: reduction of declarations of VAT, absence of declarations in time, use of funds for personal ends.

Regarding the management ban, the file was entrusted to the Caen Court of Appeal for reconsideration.

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