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VIDEOS – Bernard Tapie welcomed Thursday the rejection of the application for liquidation of its companies, but must still fight to validate a delicate plan for repayment of millions received in 2008 in the arbitration of its dispute with the Credit Lyon, which earned him a dismissal in correctional.
The Commercial Court of Paris on Thursday rejected the application for liquidation of the companies of the French businessman Bernard Tapie, sentenced to repay 404 million euros received in 2008 in his litigation with Credit Lyonnais. The former minister and president of the Marseille football club said he was "extremely happy". "This is good news for everyone, for all parties. Whatever the sum in the end to be reimbursed, I have put in place incontestable guarantees, which allow to go after this refund, "said Bernard Tapie to AFP.
» READ ALSO – Case Tapie : 25 years of judicial clash
The court ruled on the Paris public prosecutor's request, which called for the judicial liquidation of GBT holdings (Groupe Bernard Tapie), owner of the media group La Provence, and FIBT (Financière Immobilière Bernard Tapie). The public prosecutor made this request after the rejection, in April by the justice, of the plan of safeguard which spread this reimbursement over six years. The Court of Appeal had lodged a "lack of funding", the procedure "not providing for any transfer of badets" likely to provide liquidity to repay the claims.
»SEE ALSO – Bernard Tapie case: 467 million euros to repay
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The state of cessation of payments could not be demonstrated
Thursday, the court did not pronounce on the new repayment plan presented by Bernard Tapie, but was limited to note "that the state of cessation of payments is not demonstrated" for the companies of the former boss of Olympique de Marseille, weakened to 75 years old with stomach cancer. The court held that the rejection of the initial plan, which he had himself approved in June 2017, "does not end the safeguard procedure and, as a result, the debts incurred prior to the opening of the proceedings are frozen as long as the proceedings continue ". "As a result the court will dismiss the request for direct conversion of the safeguard proceedings into liquidation proceedings," says the court decision.
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" Its societies are in an objective situation such that there is no possibility of presenting a new credible safeguarding plan "
Spokesperson of the CDR
" The situation of Bernard Tapie has not moved: he has gained time but no new means of payment, "however said a spokesman for the CDR (Consortium of realization), the entity in charge of managing the liabilities of Credit Lyonnais and whose the State is the sole shareholder, with AFP. The owner of the media group La Provence still has to validate by justice a new proposal for repayment plan. "Its companies are in an objective situation such that there is no possibility to present a new credible safeguarding plan," adds the CDR. "The liquidation is inevitable and unavoidable, it's only a matter of time."
The former boss of Olympique Marseille, weakened at age 75 by stomach cancer, was finally condemned last year to repay to the State the 404 million received at the arbitration supposed to put an end to his standoff with Credit Lyonnais on the resale of Adidas in 1994. The amount that Bernard Tapie will actually to pay is also the subject of a court battle: the CDR, which estimates it should receive the 404 million euros plus interest generated until the end of 2015, launched an appeal against a decision that has scaled its claim of 117 million
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