The European Parliament, institution of

This decision sheds important light on your property law. Here is what it changes for you.

The situation

The European Parliament, an institution of the European Union, could, prior to the entry into force of Article D.1251-1 of the French Labour Code, have recourse to temporary work in application of Articles L. 1251-1 et seq. of the French Labour Code. The assignment contracts of employees of a temporary employment agency, placed at the disposal of the European Parliament each month, for the same tasks, for the duration of a parliamentary session, have the purpose of providing for, even if intermittent, the normal and permanent activity of this Community institution. If the judgment of the Court of Justice of the European Communities of 23 October 1985 (Case No. 232/84) does not allow the requalification of the temporary employment contract into an indefinite-term contract with respect to the European Parliament, it does not preclude the award of damages in compensation for the harm caused to employees employed in disregard of the mandatory provisions of national law.

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 appeals
• Keep all your supporting documents (titles, deeds, correspondence)
• Anticipate: preventive advice always costs less than litigation

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