Defective photovoltaic panels: what are the limits for warranties for companies in liquidation?
Published on :
07/01/2025
07
January
Jan
01
2025
The question of insurance cover raises complex issues, particularly in terms of the conformity of clauses, compliance with deadlines and the interaction between different applicable laws.
In a case brought before the Court of Cassation on 19 December 2024, a company asked for photovoltaic panels to be installed. The panels caused a fire and other malfunctions. The manufacturer and supplier of the panels went into liquidation. The company then sued their insurers for compensation, invoking contractual clauses and the rules of French law.
The Court of Appeal rejected the company's warranty and compensation claims. It ruled that the warranty exclusion clauses and the limitation of the warranty to two years, although disputed, complied with legal requirements. It applied Dutch law to the insurance contract.
The Court of Cassation upheld this decision, stating that the company, as a third party to the insurance contract, could not rely on non-compliance with the formal requirements of the exclusion clauses set out in article L. 112-4 of the Insurance Code.
It also pointed out, on the basis of the case law of the CJEU, that a national provision can only be classified as a overriding mandatory provision if it protects an essential public interest and is mandatory, regardless of the law applicable to the contract. By comparison, the Court held that Article L. 124-3 of the Insurance Code, which prohibits the limitation of cover to a period shorter than the policyholder's liability, does not meet these criteria in relation to optional insurance. This provision does not therefore constitute a mandatory rule applicable to the contract governed by Dutch law.
Décision - Pourvoi n°22-17.119 | Cour de cassation
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