A Curious Case of the Commercial Court of Carcassonne, France

Can a widow of 77 years count on the courts of France to bring her justice? Mme. Emilie Faussie fights to keep her beloved Chateau de Violet, which she has restored and run as a hotel, restaurant and winery for nearly fifty years.

What lies at the heart of the matter? Simply that an accounting firm appointed to assist her with taxes, prepared a tax return in euros, while in reality it should have been francs. The tax on the income was multiplied by 6.56. Francs were confused with euros, which caused this closure of her hotel, restaurant and winery. By the accounting firm, not by the fault of Mme. Faussie. Yet she is the victim.

Her cellars contain a crop and a half of wine in tanks and 30,000 bottles, most of them medalists in major competitions. Although wine markets are currently trading on attractive prices, buyers do not understand the situation and prefer to avoid the fracas.

The Collector of the town of Peyriac-Minervois refuses to study the file and has blocked all of the money coming into the bank accounts of the hotel, and the winery, although they are different companies.

At this point, a lawyer and a Senior Consultant take the stage. They advise Emily to put herself under the protection of the Commercial Court, the only way to avoid the Collector’s blockade. She followed their advice and fell unwittingly into the jaws of the wolf.

Then a bank, Crédit Mutuel, which provides advice, undertakes to support Emilie as their client and even involves themselves in renovating a few facilities at the chateau.

Alliances are created among the players, causing unrest among the partners and the Tribunal. There is no question of helping Emilie, but rather to ruin her by filling everyone’s pockets.

She chooses a new lawyer, Serra de Roch, of the Bar Toulouse to aid her in making her stand. A criminal complaint is underway for fraud, embezzlement, and improper support.

Initially there was a case of 70 000 euros, only on the goodwill of the hotel. Today, the tribunal and consultants advocate the liquidation of all its assets, buildings and vineyards.

But Emily is perfectly capable of fighting, as demonstrated by the psychological examinations and investigations that have been forced upon her. The Tribunal has been obliged to recognize that she is in complete command of all faculties.

As she awaits the outcome, two kilometers from the village, the widow lives with a small pension. Telephone lines, fax, internet, are all canceled by the Agent in charge of her case, her bank account closed, her hotel and restaurant website forced off the internet. The winters of 2007 and 2008 are cold, because sometimes the power supply is cut, thereby depriving her not only of lighting, but also water and heating. As if this was not enough, her only means of transportation, an ancient Mercedes, was taken too. All of these maneuvers may be considered as endangering the lives of others.

The entries of the castle and estate have been closed with chains and padlocks. All buildings are sealed.

Emily refuses to leave the apartment she occupies, on the grounds of the Chateau de Violet, and which contains all the memories of her life. Outside her door, dogs ensure her protection and privacy.

She will fight to recover her heritage until her death if necessary.

The media, television, radio, and journalists of local newspapers report the following developments closely.

Emily’s friends even took the case to the attention of the First Lady of France, Carla Bruni Sarkozy.

On January 11 the Court was to rule on a claim of 1,600,000 euros, requested by the Agent in respect of the Credit Mutuel, the Notary, the Consultants for fraud. There was no ruling, and the case has now been transferred to the Court of Narbonne.

The first date of the case will begin March 9^th. We hope that justice will be served, and Madame de Faussie will recover her beloved Chateau.

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