Turnover rent clauses: does a reference to Article L. 145-33 of the French Commercial Code give the commercial rent judge jurisdiction?

Turnover rent clauses: does a reference to Article L. 145-33 of the French Commercial Code give the commercial rent judge jurisdiction?

In a judgment delivered on 18 June 2026, the Third Civil Chamber of the French Court of Cassation added to more than 30 years of case law on the jurisdiction of the commercial rent judge to determine the rent payable on renewal where a lease contains a turnover rent clause.

The judgment provides an opportunity to revisit the sequence of leading decisions on this issue before analysing its meaning and implications.

Read the article by Anne BOLLAND-BLANCHARD, lawyer and partner, and Charles SOLARI, lawyer, published in Actes pratiques & ingénierie immobilière, no. 3, July-August-September 2026. The full article is available in French on the publisher’s website, LexisNexis.