Reference decision: cc • No. 93-40.865 • 1996-07-09 • View the decision →
This decision provides important insight into your property law. Here is what it changes for you.
The situation
When a collective agreement having the same subject matter as a company practice is concluded between the employer and one or more representative trade union organisations in the company, that agreement has the effect of terminating that practice (decisions nos. 1 and 2). It is therefore of little importance that this practice was not subject to formal denunciation and notification to the employees (decision no. 1). The National collective agreement for caretakers, concierges and building employees and the departmental rider of 18 November 1981 containing no provision relating to the reimbursement by the landlord of the council tax, it follows that this collective agreement did not call into question the previous practice in the Rhône, which provided that the council tax was paid in full by the employer (decision no. 2).
What the law says
This decision confirms the fundamental principles of property law.
Key takeaways
- Strictly comply with the statutory time limits for appeals
- Keep all your supporting documents (titles, deeds, letters)
- Plan ahead: 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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