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Having held that the placing in service
Droit Immobilier

Having held that the placing in service

📅 Decision of 20 February 2019🔄 Updated on 13 October 2026⚖️ Cour de cassation👁️ 9 views📖 2 min read

Having held that the placing in service of sanitary transport vehicles must be authorised by the prefect in application of Articles R. 6312-33 et seq. of the Public Health Code, as then in force, and that Article R. 6312-37 of the same code provides that this authorisation is transferable, subject to the agreement of that authority, in the event of transfer of the vehicle or of the right of use of that vehicle, for the benefit of and at the request of the transferee, a court of appeal correctly held that the rental of a sanitary vehicle provided with an authorisation must be treated as equivalent to the transfer of the right of use of that vehicle, within the meaning of that text, and that it is therefore lawful.

Reference decision: cc • No. 18-10.422 • 2019-02-20 • View the decision →

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

The situation

Having held that the placing in service of sanitary transport vehicles must be authorised by the prefect in application of Articles R. 6312-33 et seq. of the Public Health Code, as then in force, and that Article R. 6312-37 of the same code provides that this authorisation is transferable, subject to the agreement of that authority, in the event of transfer of the vehicle or of the right of use of that vehicle, for the benefit of and at the request of the transferee, a court of appeal correctly held that the rental of a sanitary vehicle provided with an authorisation must be treated as equivalent to the transfer of the right of use of that vehicle, within the meaning of that text, and that it is therefore lawful.

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 (title deeds, deeds, 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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Legal information

  • Number: 18-10.422
  • Court: Cour de cassation
  • Decision of: 20 February 2019

Keywords

droit immobilierjurisprudenceimmobilier
Maître Cécile Zakine

About the author

Maître Cécile Zakine — Lawyer at the Alpes-Maritimes Bar, Doctor of Law. Every article in this magazine is based on the analysis of a real court decision, commented and put into perspective by Maître Zakine’s team.

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Disclaimer: The analysis presented on this site is for informational purposes only and does not constitute personalised legal advice. For advice tailored to your situation, contact a qualified lawyer.

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