Reference decision: Court of Cassation • No. 11-19.259 • 2012-10-17 • Consult the decision →
This decision provides important insight into your property law. Here is what it changes for you.
The situation
The principle of the separation of administrative and judicial authorities precludes the judicial judge from having jurisdiction to hear an action, whatever its legal basis, for the purpose of obtaining the interruption of the emission, the prohibition of the installation, the removal or the relocation of a radio station duly authorised and installed on private property or on public property, on the grounds that its operation would be likely to compromise the health of people living in the vicinity or to cause interference, which action, by reason of its very object, involves interference with the exercise of the special police power vested in the competent public authorities in this matter, notwithstanding the fact that the authorisation holders are private law legal persons and are not entrusted with a public service mission and that the relay antenna does not constitute a public works. Consequently, the judgment must be quashed which held that the judicial judge had jurisdiction to hear the action brought, on the basis of neighbourhood nuisance, by a person against an operator to prohibit the latter from implementing a project to install relay antennas, arguing that she feared that this project would be likely to expose the implant that she carries to electromagnetic fields likely to disrupt its operation
What the law says
This decision confirms the fundamental principles of property law.
Points to remember
- Strictly observe the statutory time limits for appeals
- Keep all your supporting documents (deeds, instruments, correspondence)
- Anticipate: preventive advice always costs less than litigation
For an analysis of your situation: 30-minute consultation at €45 with Maître Zakine.
📌 Does this apply to your situation? Maître Cécile Zakine, French real estate lawyer, practises throughout France.
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