Companies in difficulty

The opening of a conciliation procedure shall be confidential

Publié le 16 août 2024 - Directorate for Legal and Administrative Information (Prime Minister)

The confidentiality of a conciliation procedure covers the initiation of the procedure, its existence and its content. Thus, the opening of a conciliation procedure cannot form the basis for a declaration of default to the Banque de France. This is what the Court of Cassation said in a July 3, 2024, judgment published in the Bulletin.

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Image 1Crédits: amnaj - stock.adobe.com

A business in receivership has been granted conciliation proceedings in order to reach an amicable agreement with its creditors. His bank, informed of this conciliation procedure, sees this as a sign of a probable lack of payment and declares the business in default to the Banque de France. The business takes its bank to court and claims that the conciliation procedure is confidential.

The Court of Appeal dismisses the business’s application. For the Commission, the confidentiality of the conciliation procedure is limited to its content. Thus, it considers that the existence of the conciliation procedure could be disclosed to the Banque de France. The business can appeal in cassation.

The Court of Cassation annuls the appeal decision. She remembers that the confidentiality of conciliation proceedings concerns:

  • sadness opening decision ;
  • sound existence ;
  • sound content.

Thus, because of its confidential nature, the opening of a conciliation procedure cannot justify a declaration of non-payment.

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