In a judgment dated November 23, 2022 (No. 21-13386), the Cour de Cassation (French Supreme Court) reiterated that filing a claim in the liabilities of the principal debtor interrupts the statute of limitations against the guarantor until the closure of the procedure. According to Aurélien Gazel, this decision deserves mention “given the increasing litigation surrounding questions of prescription, their interruption, and the determination of their starting point, especially in a context where the legal nature of filing a claim is debated.”
Commentary on this decision can be found in the Journal Spécial des Sociétés.