A possible order against the State en comblement de passif

On taking account of action to make good the asset shortfall

There is nothing to indicate that the States liability for making good the asset shortfall can reasonably be incurred in such a situation.

Furthermore, the law make it possible for legal persons under public law to incur liability as director in an action en comblement de passif.

The French authorities believe that the risk of an action en comblement de passif cannot be averted, particularly in light of a precedent of the Cour de Cassation (Court of Cassation) in France.

The French authorities believe that the risk of an action to make good a shortfall in assets cannot be discounted, particularly in the light of a precedent set by the French Court of Cassation [83].

There are three specific cases: the accumulation of liabilities where there is clear and serious misconduct, non-payment of social security contributions, and the unreasonable pursuit of a loss-making business.

We defended the interests of the chairman of a group that specialises in manufacturing equipment for the refrigeration sector in an action initiated against him to make good a shortfall in assets, and obtained a favourable decision.