A Circular from an Employer

Application pratique:

This case law confirms that an employer's circular establishing more favourable notice periods constitutes a binding undertaking. Similarly, a landlord's adoption of a professional circular (e.g., from a rental management company) that offers better tenant protection may override the lease terms. Action: The tenant should invoke the circular as part of the landlord's commitments. The landlord should review all circulars and policies they have adopted to ensure consistency with lease terms.

Application pratique:

The case law establishes that a company's internal circular can create enforceable obligations towards third parties if it sets more favourable terms. Here, the memo gives employees a pre-emption right, which may delay or void the sale if not respected. Action: The buyer's notary must inform the seller and check if the employees waived their right. The buyer should obtain written waivers from all employees before completion.

Application pratique:

The decision confirms that a more favourable regime in a circular (here, the management company's circular allowing eco-renovations) can override older, stricter rules. Action: The co-owner should formally request approval under the circular, citing this case law. If the co-ownership refuses, the co-owner can argue that the circular forms a binding undertaking by the management company, and seek a court order to proceed.