Complies with the rules for setting

Application pratique:

This Cassation ruling confirms that referencing two different commodities in a single farm lease is valid provided both appear in the applicable departmental prefectoral order. Marie must look up the prefectoral order for Finistère to ensure wheat and apples are listed as reference commodities. She should then draft the lease clause clearly stating both indices and retain a copy of the order. If a tenant later challenges the rent, she can rely on this decision to uphold the clause.

Application pratique:

This decision confirms that a split-index clause is legal if both commodities are in the Vaucluse prefectoral order. Luc cannot challenge the clause merely because it leads to a higher rent. He should immediately check the prefectoral order: if lavender and table grapes are both listed, the clause stands. If not, he may apply to the rural lease tribunal for a rent re-evaluation, citing non-compliance with Article L. 411-11. He must act within the statutory limitation period (5 years from the rent becoming due).

Application pratique:

This Cassation ruling binds Jean: the existing lease clause is valid if wheat and rapeseed are specified in the Calvados prefectoral order. He cannot unilaterally refuse the increase. He should obtain the current prefectoral order from the departmental prefecture to confirm both commodities are listed. If they are, he must respect the clause and plan his farm budget accordingly. If they are not, he can request a rent adjustment from the tenant before completing the purchase to avoid future disputes.