Droit Immobilier

The withdrawal of the approval provided for by

📅 Décision du 06 September 2022⚖️ Cour de cassation📖 2 min de lecture

The withdrawal of the approval provided for by Article L.621-1 of the Consumer Code prevents the consumer protection association, which benefited from it when it had defendants summoned before the criminal court, from obtaining compensation for a direct or indirect loss to the collective interest of consumers.

Reference decision: Court of Cassation • No. 20-86.225 • 2022-09-06 • View the decision →

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

The situation

The withdrawal of the approval provided for by Article L.621-1 of the Consumer Code prevents the consumer protection association, which benefited from it when it had defendants summoned before the criminal court, from obtaining compensation for a direct or indirect loss to the collective interest of consumers.

What the law says

This decision confirms the fundamental principles of property law.

Key points

  • Strictly comply with the legal time limits for appeals
  • Keep all your supporting documents (title deeds, deeds, correspondence)
  • Anticipate: preventive advice always costs less than a dispute

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📌 Does this apply to your situation? Maître Cécile Zakine, French real estate lawyer, practises throughout France.
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Informations juridiques

  • Numéro: 20-86.225
  • Juridiction: Cour de cassation
  • Date de décision: 06 septembre 2022

Mots-clés

droit immobilierjurisprudenceimmobilier

Cas d'usage pratiques

1

First-time buyer relies on consumer association's criminal case

In Lyon, a first-time buyer purchased a flat in January 2021 and discovered severe hidden defects (damp and faulty wiring). A consumer association with approval under Article L.621-1 of the Consumer Code summoned the developer before the criminal court for misleading practices, and the buyer expected to receive compensation through the association's claim for collective consumer interest. However, in March 2022, the association's approval was withdrawn before the criminal case concluded.

Application pratique:

This case law means the association can no longer obtain compensation for the collective interest of consumers, so the buyer cannot rely on that route. The buyer should immediately file their own civil claim for hidden defects (vices cachés) against the seller or developer, respecting the two-year limitation period from discovery of the defect. Keep all purchase documents, expert reports, and correspondence as evidence, and consult a French property lawyer to ensure the claim is properly lodged.

2

Landlord faces tenants' association but collective claim barred

A landlord in Bordeaux owns three rental flats where tenants complained of persistent damp and mould. An approved consumer association took criminal action against the landlord for failure to provide habitable housing, claiming damages for the collective interest of consumers. In June 2022, the association's approval was withdrawn before the criminal proceedings were finalised.

Application pratique:

Because the approval was withdrawn, the association cannot obtain collective interest compensation from the landlord. However, individual tenants may still pursue their own civil claims for breach of the landlord's obligations. The landlord should proactively address the defects (e.g., carry out repairs, improve ventilation) and document all actions taken, as this may reduce or defeat individual claims and demonstrate good faith in any future litigation.

3

Co-owner cannot rely on consumer association for common defects

In Nice, the co-ownership association (syndicat des copropriétaires) had authorised a consumer association to act for owners regarding major water leaks and structural issues in the common areas. The consumer association, holding approval under Article L.621-1, brought criminal proceedings against the original builder. In September 2022, the association's approval was withdrawn before the criminal court ruled on collective interest damages.

Application pratique:

This decision confirms that the consumer association cannot claim collective interest compensation once its approval is withdrawn. Each co-owner must therefore pursue their own remedies, such as the ten-year decennial liability claim against the builder or the developer. Co-owners should immediately check whether the ten-year limitation period is still running, gather all technical reports and correspondence about the defects, and instruct a French property lawyer to file individual claims on time.

Maître Cécile Zakine

À propos de l'auteur

Maître Cécile Zakine — Avocate au Barreau des Alpes-Maritimes, Docteur en Droit. Chaque article de ce magazine est rédigé à partir de l'analyse d'une décision de jurisprudence réelle, commentée et mise en perspective par les équipes de Maître Zakine.

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