In collective proceedings law, speed is often favoured to guarantee the survival of a company, even if it means drastically limiting avenues of appeal. In this seminal article published in Law Networks, Maître Patricia Guyomarc’h explores the limits of Article L.623-1 of the Commercial Code, which often renders appeals lodged by spurned offerors or employee representatives inadmissible.
The stakes are high: how to challenge a decision perceived as unfair or arbitrary? Maître Guyomarc’h analyses the mechanisms of «appeal-nullity», an exceptional route for appeal that can be used in cases of judicial overreach or clear violation of fundamental rights (such as the right to a fair trial).
This expertise highlights the need for absolute procedural rigour during assignment hearings. It demonstrates that, despite the legislative preclusion of appeals, the firm masters the jurisprudential subtleties that allow for the defence rights to be upheld. This is essential technical reading for understanding the judicial risks associated with taking over assets at auction and protecting the interests of stakeholders.
