Commercial lease: Can the judge suspend the effects of a resolutory clause in the event of a breach of an obligation to operate?

In a decision of 6 February 2025 (Court of Cassation, 3rd Civil Division, No. 23-18.360), the Court of Cassation ruled on the scope of the powers conferred on the judge by article L. 145-41 of the Commercial Code, which authorizes the suspension of the effects of a resolution clause inserted in a commercial lease contract. The context: The resolution clause is a stipulation whereby the parties agree that, in the event of the breach of certain ob…