The Plenary Assembly of the Court of Cassation

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

The situation

The Plenary Assembly of the Court of Cassation has decided to refer the following preliminary question to the Court of Justice of the European Union: Is the effect attached to the E 101 certificate issued, in accordance with Articles 11(1) and 12a(1a) of Council Regulation (EEC) No 574/72 of 21 March 1972 fixing the procedure for implementing Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community, by the institution designated by the authority of the Member State whose social security legislation remains applicable to the situation of the employed person, binding, on the one hand, on the institutions and authorities of the host State and, on the other hand, on the courts of that same Member State, where it is found that the conditions of the employed person's activity manifestly do not fall within the material scope of the derogating rules of Article 14(1) and (2) of Council Regulation (EEC) No 1408/71 of 14 June 1971?

What the law says

This decision confirms the fundamental principles of property law.

Key points to remember

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

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