The criminal court released the window supplier accused of fraud by the developer of a luxury building recently built in the heart of Thionville, rue Joffre, on the site of the former Nouviaire mill.
More than three years ago, the company in question, SARL Chrisli, won the € 400,000 contract dedicated to exterior joinery. The promoter had paid a quarter of the sum on account. But the site was a little late. “And prices have climbed,” defends Me Nassoy, the lawyer for the company being sued. The boss had ended up responding to the promoter’s injunctions and putting up windows other than those promised. Except that they were not up to standard.
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Decision expected
During the trial last October, the promoter’s lawyer had notably warned of the danger potentially induced by such an initiative and pointed out the cost incurred to make up for it. The building has sixty apartments. The prosecutor had requested 10,000 euros in fine against the manager and 3,000 euros against the company which has since been liquidated anyway.
“There was indeed a contractual fault, it was also sanctioned by the commercial chamber of the court”, recalled the lawyer of the company Chrisli and his boss also worried on his own behalf. “But there is no criminal fault. When my client edited the invoices he had no intention of defrauding the sponsor, ”claims the board.
However, the court mainly looked at the form in this case. The company and its manager were indeed prosecuted for having used fraudulent maneuvers between February 19, 2018 and February 10, 2019. However, the date of issue and submission of invoices as well as that of the installation of non-compliant windows are after this period. These elements motivated the judgment and led to the release.
