Le statut français des baux commerciaux face à la problématique européenne

For over half a century, the highly protective status of commercial leases in France has primarily benefited tenant shopkeepers. This approach is at odds with foreign laws. The current economic European integration raises legal and economic issues with respect to the future of this status, which may be considered obsolete. The purpose of the present study is to examine whether the French status of commercial leases is compatible with Community legislation, which guarantees the free movement and the freedom of establishment of persons and businesses; and also with the European Convention for the Protection of Human Rights and Fundamental Freedoms. Given the complexity of dealing with many commercial lease regimes in Europe, this study also discusses, in a forward-looking manner, the possible unification of commercial lease law. We discuss the introduction of a European lease system that could meet the needs of major economic actors, lessors and tenants, who do business across EU Member States. These issues are addressed with a special attention given to adapting the law to economic realities.