Judgment liable to be quashed

This decision provides important insight into your real estate law. Here is what it changes for you.

The situation

A judgment refusing to annul the appointment of a trade union delegate is liable to be quashed, essentially on the ground that the urgency of such an appointment arises when the employer is preparing to dismiss an activist of the union section, so that the choice of this activist as trade union delegate, even if it has the consequence of granting him a certain protection, is nevertheless also justified by the need to assert the presence within the company of the union section united behind its activist, and that, therefore, the defence of an individual interest merging with that of the collective interests of union members, the appointment is lawful; whereas by accepting, in a general ground, that the appointment of a trade union delegate could be made, not with a view to defending the company's staff, but out of solidarity to urgently ensure the individual protection of an employee, who had been the subject of multiple warnings and was threatened with dismissal, which would amount to diverting it from its purpose, and whereas in any event the appointment made after the commencement of the dismissal procedure could not hinder it, the District Court misapplies Article L 412-10 of the Labour Code.

What the law says

This decision confirms the fundamental principles of property law.

Key points

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

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