The Eden Rock Café bar-restaurant has opted for a take-out food sale for several weeks, without meeting with great success. - Jérémy Laugier / 20 Minutes

  • From June 2, bars, cafes and restaurants can reopen. If the news is enough to cheer up these establishments, their finances remain ailing.
  • Because of the pandemic and the administrative closure that followed, many restaurateurs asked their insurer to cover their operating losses. Faced with a refusal that has been challenged in court, a restaurant owner won the case.
  • According to two lawyers interviewed by 20 Minutes , some companies could have their claims recognized by the courts. The UMIH, an organization representing the hotel and catering industry, says it is ready to draw the legal weapon to move forward as many cases as possible.

They finally stick their heads out of the water. From June 2, bars, cafes and restaurants will be able to reopen entirely in the green zones, and on the terraces in Ile-de-France, which remains in the orange zone. But if customers can resume their previous habits, everything has changed for these establishments. Struck by the administrative closure since March 15, their finances are exhausted, because it was necessary to continue to pay fixed charges, such as rents or electricity bills, without cash inflows.

By turning to their insurers, many have been denied compensation under their loss of business contracts. A situation that led a restaurant owner, Stéphane Manigold, to take legal action: he obtained success in summary proceedings on May 22 for one of his four restaurants. His insurer, Axa, has announced that he will appeal.

The risk of a pandemic often excluded, according to insurers

Is this decision likely to spill over? "Almost all contracts covering companies (...) exclude the epidemic event," swept the French Insurance Federation on May 14, inviting everyone to "refer to his contract."

On RTL, Axa also highlights a rather exceptional case. “There are a few contracts, including Mr. Manigold's contract, which have an ambiguity (…). But these contracts [concern] less than 10% of restaurateurs ”, underlined the general manager of Axa, Thomas Buberl. And to defend: in the event of a pandemic, the guarantee against business interruption "does not apply because we are talking about a systemic case where everyone is affected".

According to the majority of insurers, the operating losses linked to the coronavirus are too heavy to be taken care of. The French Insurance Federation estimates them at 60 billion euros. However, some banks and insurance companies have already indicated that they could reimburse their customers on the basis of their contracts: this is the case in the BPCE group, at Crédit Mutuel-CIC or at Crédit Agricole.

Lawyers solicited by traders

Not enough to prevent questions from their clients, who flock to lawyers specializing in these areas. “Restaurateurs, bakers, beauticians, hoteliers contacted us to ask if their losses are covered,” explains Me Elias Bourran, of Beaubourg Avocats. He, on the contrary, makes the observation that insurers having formally excluded the case of the pandemic are "rare". He then considers it possible to claim coverage. To date, it has more than 250 clients ready to take legal action after examining their situation. "I am extremely confident," says Elias Bourran.

Beyond restaurateurs, other types of businesses may be affected, always depending on the way contracts are drawn up. Because of the confinement, "the legal debate is possible on the concept of difficulty of access," he adds.

Good reasons to take legal action

Legal battles promise to be tough, as these contracts are complex. "In general, the insurance policy may require that material damage be the cause of the operating loss", nuance Me Charlyves Salagnon, lawyer associated with the firm BRG. This excludes, in theory, the pandemic. Nevertheless, "this will provoke a debate, which will ask other questions, around the duty of advice of the one who has taken out the insurance, for example ..." In other words, a restaurant owner could claim to have been wrong informed about its guarantees. "There will certainly be decisions back and forth," says the specialist in commercial contract and consumer law.

From this point of view, the lawyer therefore considers, like his colleague, that there is good reason to seek compensation in the event of a breach. “Traders have an interest in acting. Especially since the public authorities have invited insurers to assume this risk, even if it was not in the guarantee, ”adds Charlyves Salagnon.

Lobbying of restaurateurs

For its part, the Hotel Trades and Industries Union (UMIH), furious at the "casualness" of the French Insurance Federation, is preparing to draw the legal weapon in the event that this case does not not advance. “We studied the 20 main operating loss contracts sold in our sector of activity. And we know perfectly well the potential pitfalls that exist, ”says Alain Grégoire, president of the UMIH for the Auvergne Rhône-Alpes region, who is ready to launch a collective action or to individually support restaurateurs.

Monday, May 25, the union sent a letter to Matignon to find a legislative solution in their favor. But "the Prime Minister has not yet responded," continues Alain Grégoire. If he takes the pressure shot, it is because he fears hemorrhage in his sector, despite the various support systems - state guaranteed loan or PGE, partial unemployment - put in place. "Operating losses" are estimated at 9.4 billion euros, against a range of 7.3 to 9.3 billion according to the assessment of the Ministry of Economy and Finance. "If there is no support, at least 30 to 35% of our businesses will not survive," he warns. And 400,000 to 500,000 employees who risk finding themselves on the floor.

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  • Deconfinement
  • Insurance
  • Economy
  • Coronavirus
  • Restaurant