Par Benoît Fouque
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The setbacks are linked for FC Nantes. On and off the field. While the club, chaired by Waldemar Kita, is sinking towards Ligue 2, he experienced another setback. In court this time.
The Court of Appeal of Rennes condemned the FC Nanteson March 28, to pay the Royer de Fougères group a provision of €62,193.60 including tax.
The Royer group came to the rights of the company NBR (New Balance Royer)specializing in wholesale clothing and footwear and distributing the sports brand New Balance.
This company was deregistered in January 2022 after the end of the contract, on December 31, 2020, linking the Royer group and the American brand that it distributed in France for ten years.
On 24 November 2017, at FC Nantes et NBR entered into an equipment supplier and merchandising partnership contract.
The Canaries club is committed to sourcing sports equipment exclusively from NBR. This, both for its customers and for its staff and players of the men’s professional team.
A “chaotic” 2020 season
NBR undertook to deliver to the FCN, for each sporting season, during the term of the contract, a supply of basic equipment.
To benefit from the notoriety and visibility of FC Nantes, the latter authorized NBR to affix its brand alone or with the NBR brand on its products, on the club’s equipment (stadium sign, posters, logos on the benches and at different places in the stadium [de la Beaujoire]), on the club’s media (tickets, buses, website, calendars, diaries, posters, etc.)
Furthermore, the FC Nantes has also undertaken to bring the equipment NBR to its players and staff during matches, training and warm-ups.
The FCN had to provide NBR places defined contractually during matches. In return, the Royer group company was required to pay the yellow and green club the sum of €700,000 excluding tax for each sporting season.
The contract was concluded for two sports seasons from July 1, 2018 to June 30, 2020. By amendment of January 17, 2020, the parties agreed to set the term of the contract at May 31, 2020.
Due to the Covid pandemic, the 2020 sports season was chaotic and 10 matches in the French football championship could not take place.
The balance of an unpaid invoice
By a second amendment of May 26, 2020, the parties agreed to extend the contract until July 30, 2020.
The first three installments of the 2019-2020 sports season were paid but not that of April 1, 2020, this on the grounds that the NBR company took advantage of the Covid epidemic and the reduction in matches and therefore its visibility. business, and the reduction of its activities, forcing it to reduce its expenses. FC Nantes did not accept this position, the Covid having also impacted it and the visibility of the brand does not only depend on the matches.
Numerous discussions took place between the parties, and the FC Nantes agreed to send NBR a credit note of €58,304 excluding VAT to be credited to its invoice of €175,000 excluding VAT of April 1, 2020. “However, the balance of the invoice has not been paid”, notes the court .
The October 21, 2020the FC Nantes summoned NBR before the judge in chambers for the purpose of obtaining payment of the balance of its invoice of April 1, ie the sum of €116,696 excluding tax.
For its part, NBR requested payment of the sum of €62,193.60 including tax representing equipment delivered to the club but not paid for.
The May 20, 2021the judge in chambers of the Commercial Court of Rennes had in particular sent the parties to appeal, had dismissed all their requests and rejected the requests for “irrecoverable costs”.
Almost two years later, the Court of Appeal ruled. It also confirmed the order referred for the balance.
Contacted by the Chronicle, the FC Nantes did not respond. As to Royer grouphe declined to comment.
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2023-05-17 16:48:09
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