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Having noted that the reduction
Droit Immobilier

Having noted that the reduction

📅 Decision of 17 June 2003🔄 Updated on 12 October 2026⚖️ Cour de cassation👁️ 27 views📖 2 min read

Having noted that the reduction in working hours agreed under a collective agreement concluded between a trade union and a company pursuant to Law No 96-502 of 11 June 1996 was intended to promote job creation and that this agreement no longer had any purpose since the transfer plan approved by the commercial court following the company being placed in judicial reorganisation provided for redundancies and consequently resulted in the loss of public subsidies, the Court of Appeal correctly deduced that this collective agreement had lapsed and that, therefore, the transferee company was not required to apply it to the former employees of the first company whom it had taken over.

Reference decision: cc • N° 01-15.710 • 2003-06-17 • View the decision →

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

The situation

Having noted that the reduction in working hours agreed under a collective agreement concluded between a trade union and a company pursuant to Law No 96-502 of 11 June 1996 was intended to promote job creation and that this agreement no longer had any purpose since the transfer plan approved by the commercial court following the company being placed in judicial reorganisation provided for redundancies and consequently resulted in the loss of public subsidies, the Court of Appeal correctly deduced that this collective agreement had lapsed and that, therefore, the transferee company was not required to apply it to the former employees of the first company whom it had taken over.

What the law says

This decision confirms the fundamental principles of property law.

Points to remember

  • Strictly comply with the statutory time limits for lodging 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: 01-15.710
  • Court: Cour de cassation
  • Decision of: 17 June 2003

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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