A member of a yacht club since 2010 occupied a berth under a mooring contract concluded in 2018 with the association.

Due to non-payment of the fees stipulated in the mooring contract, the association notified him of the termination of the contract, removed the boat and expelled him from the association.

Considering that the decision to expel him did not comply with the procedure provided for in the articles of association, the Court of Appeal ordered the association to reinstate the member and to provide him with a berth equivalent to the one he had occupied.

In a ruling dated 11 September 2025 (appeal no. 24-11.249), the Third Civil Chamber of the Court of Cassation partially overturned this decision. Even if the exclusion decision was irregular, it had no impact on the termination of the mooring contract, which was justified by the member’s failure to fulfil his obligation to pay the membership fee.

These two sanctions are independent and the association may obtain the termination of the mooring contract in accordance with Article 1224 of the Civil Code.

Key point: The exclusion procedure and contractual termination are based on two distinct rationales. The regularity of one does not necessarily affect the legitimacy of the other.