Mac Mahon Avocats is a Paris business law firm acting throughout the Hauts-de-France region in restructuring, out-of-court prevention, formal insolvency proceedings and commercial litigation.
The Hauts-de-France region combines capital-intensive industry — steel and energy around Dunkirk, automotive and rail in the Valenciennes area, glass and chemicals in the Oise — with a major retail and logistics cluster around the Lille metropolitan area. These activities share features that shape any restructuring: capital intensity, exposure to energy and raw material prices, dependence on a limited number of customers, and sizeable workforces with employee representation.
The financial leg of a restructuring (bank debt, public debt, working capital) must therefore be coordinated from the outset with its employment leg: information and consultation of the works council, and an employment protection plan where the thresholds of Art. L. 1233-61 of the French Labour Code are met.
| Department | Main commercial courts | Court of appeal |
|---|---|---|
| Nord | Lille Métropole, Douai, Valenciennes, Dunkerque, Cambrai, Roubaix-Tourcoing, Avesnes-sur-Helpe | Douai |
| Pas-de-Calais | Arras, Boulogne-sur-Mer, Béthune, Calais, Saint-Omer | Douai |
| Somme | Amiens, Abbeville, Péronne | Amiens |
| Aisne | Saint-Quentin, Soissons | Amiens |
| Oise | Compiègne, Beauvais | Amiens |
For companies exceeding statutory thresholds, specialised commercial courts — including Lille Métropole for this region — have jurisdiction under Art. L. 721-8 of the French Commercial Code.
| Procedure | Entry condition | Duration | Legal basis |
|---|---|---|---|
| Ad hoc mandate (mandat ad hoc) | No cessation of payments | Set by the court president, usually 3 months, renewable | Art. L. 611-3 Commercial Code |
| Conciliation | Actual or foreseeable difficulties; cessation of payments for 45 days at most | 4 months + 1 month extension | Art. L. 611-4 to L. 611-16 |
| Safeguard (sauvegarde) | Insurmountable difficulties, no cessation of payments | Observation period 6 months, up to 12 | Art. L. 620-1 et seq. |
| Rehabilitation (redressement judiciaire) | Cessation of payments, recovery possible | Observation period up to 18 months | Art. L. 631-1 et seq. |
| Liquidation | Cessation of payments, recovery manifestly impossible | Variable; business continuation 3 months, renewable | Art. L. 640-1 et seq. |
A declaration of cessation of payments must be filed within 45 days of that state arising, unless a conciliation request is filed within the same period (Art. L. 631-4 of the French Commercial Code).
The main courts are Lille Métropole, Amiens, Douai, Valenciennes, Dunkerque, Arras, Boulogne-sur-Mer, Beauvais, Compiègne, Saint-Quentin and Roubaix-Tourcoing. Appeals lie before the Court of Appeal of Douai for Nord and Pas-de-Calais, and the Court of Appeal of Amiens for Somme, Aisne and Oise.
Yes. Advisory work is not territorially restricted and no postulation is required before commercial courts. The firm attends hearings within the region and coordinates with local counsel where needed.
Where cash allows, confidential out-of-court procedures (ad hoc mandate, conciliation) are preferred to renegotiate bank and public debt. Failing that, safeguard or rehabilitation proceedings freeze pre-petition liabilities and organise the restructuring under court protection.
Employee claims are advanced by the AGS through the competent regional office, on schedules prepared by the creditors' representative, within the caps set by Art. D. 3253-5 of the French Labour Code.
Phone: +33 1 45 03 20 20
Email: accueil@macmahon-avocats.fr
Address: 33 avenue Mac-Mahon, 75017 Paris, France