Having held that the placing in service

This decision sheds important light on your property law. Here is what it changes for you.

The situation

Having held that the placing in service of sanitary transport vehicles must be authorised by the prefect in application of Articles R. 6312-33 et seq. of the Public Health Code, as then in force, and that Article R. 6312-37 of the same code provides that this authorisation is transferable, subject to the agreement of that authority, in the event of transfer of the vehicle or of the right of use of that vehicle, for the benefit of and at the request of the transferee, a court of appeal correctly held that the rental of a sanitary vehicle provided with an authorisation must be treated as equivalent to the transfer of the right of use of that vehicle, within the meaning of that text, and that it is therefore lawful.

What the law says

This decision confirms the fundamental principles of property law.

Key points to remember

• Strictly comply with the statutory time limits for appeals
• Keep all your supporting documents (title deeds, deeds, correspondence)
• Anticipate: preventive advice always costs less than litigation

For an analysis of your situation: 30-minute consultation at €45 with Maître Zakine.