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In the absence of any amendment to the
Droit Foncier

In the absence of any amendment to the

📅 Decision of 30 October 2007🔄 Updated on 16 October 2026⚖️ Cour de cassation👁️ 26 views📖 2 min read

In the absence of any amendment to the legislative provisions, the legal basis of the offence, the Court of Appeal justifies its decision by applying, in the event of annulment of the land use plan in breach of which the works subject to the prosecution were carried out, the immediately preceding land use plan, reinstated by application of the provisions of Article L. 121-8 of the Town Planning Code, since that plan likewise does not authorise the works and installations which are the subject of the prosecution.

Reference decision: cc • N° 06-88.355 • 2007-10-30 • View the decision →

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

The situation

In the absence of any amendment to the legislative provisions, the legal basis of the offence, the Court of Appeal justifies its decision by applying, in the event of annulment of the land use plan in breach of which the works subject to the prosecution were carried out, the immediately preceding land use plan, reinstated by application of the provisions of Article L. 121-8 of the Town Planning Code, since that plan likewise does not authorise the works and installations which are the subject of the prosecution.

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 bringing an appeal
  • Keep all your supporting documents (title deeds, deeds, letters)
  • Anticipate: preventive legal 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: 06-88.355
  • Court: Cour de cassation
  • Decision of: 30 October 2007

Keywords

droit immobilierjurisprudencefoncier
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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