A Bordeaux restaurant which asked its insurer Axa to compensate for operating losses resulting from its closure during confinement linked to the Covid-19 crisis, was dismissed on Monday June 7 by the Bordeaux Court of Appeal.
The first instance judgment upheld on appeal
Benoît Girault, manager of l’Ombrière in Bordeaux claimed nearly 300,000 euros from its insurer Axa, after putting in parentheses its establishment during confinement. The restaurateur considers it normal to be compensated for operating losses due to the administrative closure of his establishment. However, this Monday, the manager of the restaurant who employed around fifty people before March 2020 was dismissed by the Bordeaux Court of Appeal of his contractual liability.
The Court of Appeal upheld the judgment rendered at first instance a few months earlier by the Bordeaux Commercial Court. The Sonargest company, owner of the restaurant, appealed after the Bordeaux commercial court rejected his claim for compensation estimated at 298,530 euros by the establishment.
A manager annoyed by a decision “Incomprehensible “
The manager of l’Ombrière has no understanding of the judgment. In other French departments, restaurateurs have won their case. This is the case for example in Lille, Axa was ordered to compensate a restaurant owner from Lille for his operating loss suffered with the Covid. Another restaurant manager in Marseille has won its standoff against Axa who must compensate him not only for the period of the first confinement but also for the periods of administrative closures in the fall.
“I don’t see why in some departments or depending on the establishment, restaurateurs win and in others not! The state would have to get involved … to clarify things. We take insurance for this kind of problem, provided that the rule is the same for everyone. Fortunately, the State has helped us with 20% of our turnover but that does not compensate for an opening 12 months out of 12 “, he said at the microphone of France Bleue New Aquitaine. He is still considering whether to appeal.