Cour de cassation, civile, Chambre commerciale, 10 mars 2021, 19-22.385, Publié au bulletin
Court | Chambre Commerciale, Financière et Économique (Cour de Cassation de France) |
Presiding Judge | Mme Mouillard (président) |
ECLI | ECLI:FR:CCASS:2021:CO00278 |
Case Outcome | Cassation partielle |
Appeal Number | 42100278 |
Counsel | SCP Yves et Blaise Capron |
Docket Number | 19-22385 |
COMM.
DB
COUR DE CASSATION
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Audience publique du 10 mars 2021
Cassation partielle
Mme MOUILLARD, président
Arrêt n° 278 FS-P
Pourvoi n° Z 19-22.385
R É P U B L I Q U E F R A N Ç A I S E
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AU NOM DU PEUPLE FRANÇAIS
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ARRÊT DE LA COUR DE CASSATION, CHAMBRE COMMERCIALE, FINANCIÈRE ET ÉCONOMIQUE, DU 10 MARS 2021
La société Caisse régionale de crédit agricole mutuel du Centre Ouest, dont le siège est [...] , a formé le pourvoi n° Z 19-22.385 contre l'arrêt rendu le 6 juin 2019 par la cour d'appel d'Aix-en-Provence (chambre 3-2), dans le litige l'opposant :
1°/ à la société [...], société civile professionnelle, dont le siège est [...] , prise en sa qualité de représentant des créanciers de M. A... G... D...,
2°/ à M. A... G... D..., domicilié [...] ,
défendeurs à la cassation.
La demanderesse invoque, à l'appui de son pourvoi, le moyen unique de cassation annexé au présent arrêt.
Le dossier a été communiqué au procureur général.
Sur le rapport de M. Riffaud, conseiller, les observations de la SCP Yves et Blaise Capron, avocat de la société Caisse régionale de crédit agricole mutuel du Centre Ouest, et l'avis de Mme Guinamant avocat général référendaire, après débats en l'audience publique du 2 février 2021 où étaient présents Mme Mouillard, président, M. Riffaud, conseiller rapporteur, M. Rémery, conseiller doyen, Mme Vallansan, Mme Vaissette, Mme Bélaval, Mme Fontaine, Mme Fèvre, conseillers, M. Guerlot, Mme Barbot, Mme Brahic-Lambrey, M. Blanc, Mme Kass-Danno, Mme Comte, M. Boutié, conseillers référendaires, et Mme Labat, greffier de chambre,
la chambre commerciale, financière et économique de la Cour de cassation, composée, en application de l'article R. 431-5 du code de l'organisation judiciaire, des président et conseillers précités, après en avoir délibéré conformément à la loi, a rendu le présent arrêt.
Faits et procédure
1. Selon l'arrêt attaqué (Aix-en-Provence, 6 juin 2019), M. G... D... a été mis en redressement judiciaire le 4 septembre 2015, la société [...] étant nommée mandataire judiciaire.
2. Le 20 octobre 2015, M. X..., responsable du service du contentieux de la société Caisse régionale de crédit agricole mutuel du Centre Ouest (la banque) a déclaré une créance de 152 325,52 euros qui a été admise par le juge-commissaire.
Examen du moyen
Sur le moyen, pris en sa seconde branche
Enoncé du moyen...
Pour continuer la lecture
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