Reference decision: cc • N° 01-15.710 • 2003-06-17 • View the decision →
This decision provides important insight into your property law. Here is what it changes for you.
The situation
Having noted that the reduction in working hours agreed under a collective agreement concluded between a trade union and a company pursuant to Law No 96-502 of 11 June 1996 was intended to promote job creation and that this agreement no longer had any purpose since the transfer plan approved by the commercial court following the company being placed in judicial reorganisation provided for redundancies and consequently resulted in the loss of public subsidies, the Court of Appeal correctly deduced that this collective agreement had lapsed and that, therefore, the transferee company was not required to apply it to the former employees of the first company whom it had taken over.
What the law says
This decision confirms the fundamental principles of property law.
Points to remember
- Strictly comply with the statutory time limits for lodging 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.
📌 Does this apply to your situation? Maître Cécile Zakine, French real estate lawyer, practises throughout France.
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