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

The situation

No criticism can be levelled at an appellate court for having prohibited a company from opening its shop, located in Strasbourg, pursuant to the municipal by-law of 6 February 1917, which provides that retail businesses must remain closed on Sundays and public holidays even if their operators do not use the services of salaried employees, the company's activity not falling within the scope of the provisions of this text derogating from Sunday rest. Furthermore, even assuming that there had been a serious challenge to the legality of this text, it did not prevent the interim relief judge, who had found urgency, from ordering protective or restorative measures intended to prevent the damage that could result from the disturbance arising from acts of unfair competition.

What the law says

This decision confirms the fundamental principles of property law.

Key takeaways

• Strictly comply with 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.