Interim payment order in the payment services sector: Zeyta secures €65,000 for contractual non-performance

Contractual non-performance may give rise, at the interim stage, to the award of a provisional sum covering not only amounts paid without consideration, but also the resulting damages.

This is illustrated by an order issued on 19 February 2026 by the Paris Commercial Court (Tribunal des activités économiques), obtained by Zeyta on behalf of one of its clients in a dispute concerning the deployment of a white-label payment solution.

The Court held, "without any need to interpret the contract and with the clarity that interim proceedings require", that the service provider had failed to fulfil its contractual commitment.

It accordingly ordered the service provider to pay Zeyta's client €65,000 on a provisional basis, including €50,000 in respect of amounts paid without consideration and €10,000 as a provisional award for the damages resulting from the contractual non-performance.

This decision is a reminder that interim payment proceedings (référé-provision) allow parties to obtain immediate compensation for the consequences of contractual non-performance where the underlying obligation is not seriously contestable. Such provisional compensation may cover not only amounts paid without consideration, but also damages resulting from the non-performance — without waiting for the prejudice to be finally assessed by the court on the merits.