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It is for the employer to establish that he has
Droit Immobilier

It is for the employer to establish that he has

📅 Decision of 05 May 1988🔄 Updated on 5 October 2026⚖️ Cour de cassation👁️ 16 views📖 2 min read

It is for the employer to establish that he has fulfilled his obligation arising from the provisions of Article 44 of the collective agreement for the metalworking industries of Bas-Rhin, which requires, in the event of dismissal of an employee who has suffered an accident at work, that the staff representatives be consulted.

Reference decision: cc • No. 85-46.422 • 1988-05-05 • View the decision →

This decision provides important clarification on your real estate law. Here is what it changes for you.

The situation

It is for the employer to establish that he has fulfilled his obligation arising from the provisions of Article 44 of the collective agreement for the metalworking industries of Bas-Rhin, which requires, in the event of dismissal of an employee who has suffered an accident at work, that the staff representatives be consulted.

What the law says

This decision confirms the fundamental principles of property law.

Key points to remember

  • Comply strictly 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: 85-46.422
  • Court: Cour de cassation
  • Decision of: 05 May 1988

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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