The interim relief judge may not, without

This decision provides important clarification on your property law. Here is what it changes for you.

The situation

The interim relief judge may not, without exceeding his powers, order the reinstatement of a member of a works council whose dismissal authorisation was annulled by a judgment of the administrative court that is the subject of an appeal before the Council of State, since the case could only be decided on the merits after a decision by the competent administrative court on the preliminary issue of the legality of that authorisation, and there was therefore a serious difficulty which the interim relief judge could not resolve.

What the law says

This decision confirms the fundamental principles of property law.

Key points to remember

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

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