By punishing with the fine prescribed for

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

The situation

By punishing with the fine prescribed for fifth-class petty offences the act of undertaking or causing to be undertaken, without the required authorisation, a new construction resulting in the creation of retail shops whose surface areas exceed the dimensions prescribed by Article 29 of the Law of 27 December 1973, as well as the act of operating or causing to be operated such a shop, and by specifying that each day of operation constitutes an offence, Article 27-2 of the Decree of 28 January 1974, as amended by that of 24 February 1988, does not have the effect of aggravating the interference with the freedom of trade brought about by the said Law but merely provides for a penalty suited to its purpose. This text is not vitiated by any illegality since the fixing of the fine is left to the discretion of the judges who have, within the prescribed limits, a discretionary power and since the accumulation of fines, not contrary to Article 5 of the Penal Code, results from the repetition of the offence.

What the law says

This decision confirms the fundamental principles of property law.

Key points

• Strictly comply with the statutory time limits for appeals.
• Keep all your supporting documents (title deeds, instruments, correspondence).
• Plan ahead: preventive advice always costs less than litigation.

For an analysis of your situation: a 30-minute consultation at €45 with Maître Zakine.