The Criminal Court Cannot

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

The situation

The criminal court cannot rule on a contentious incident concerning the execution of a previous decision without all interested parties having been able to present their observations. Therefore, a judgment that granted the application for annulment of the enforcement order issued by a municipal collector for the recovery of a periodic penalty payment in an urban planning matter, assessed by the mayor, without the mayor or the commune, a civil party, having been called to present their observations, must be quashed.

What the law says

This decision confirms the fundamental principles of property law.

Key points

• Strictly comply with statutory time limits for appeals
• Keep all supporting documents (deeds, instruments, correspondence)
• Be proactive: preventive advice always costs less than litigation

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