The burden lies with the party claiming that

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

The situation

The burden lies with the party claiming that the artists are recognised as service providers in their home State to provide proof thereof. The Court of Appeal correctly applied the law when it found that the association which had used the services of nationals of European Union Member States had not established that the artists concerned were carrying on their activity in their home Member State as independent service providers, and inferred that they were therefore subject to the presumption of employment set out in Article L. 7121-3 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, deeds, correspondence)
• Anticipate: preventive advice always costs less than litigation

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