Filing of the brief with the court registry for

Reference decision: cc • No. 11-20.313 • 2013-01-23 • View the decision →

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

The situation

The filing of the brief with the court registry to set the hearing date, in accordance with Article R. 145-27 of the Commercial Code, does not seise the commercial rent judge and therefore cannot interrupt the limitation period provided for in Article L. 145-60 of the same code.

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 appeals
Keep all your supporting documents (deeds, instruments, correspondence)
Be proactive: preventive advice always costs less than litigation

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📌 Does this apply to your situation? Maître Cécile Zakine, French real estate lawyer, practises throughout France.
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Practical use cases

Landlord misses rent review deadline in Lyon

A commercial landlord in Lyon discovers the tenant has underpaid rent for over two years. He quickly files a request at the court registry to set a hearing date, believing this interrupts the two-year limitation period. The court later rules his claim is time-barred because the judge was never properly seized.

Practical application:

Filing a brief to fix a hearing date under Article R. 145-27 of the Commercial Code does not interrupt the prescription period of Article L. 145-60. To validly stop the two-year deadline, the landlord must serve a formal assignation (a court summons) on the tenant. Upon noticing any rent discrepancy, instruct a solicitor immediately to issue the assignation and fully seize the commercial rent judge.

Parisian baker loses challenge to rent hike

A baker in Paris receives notice of a steep commercial rent increase in January 2020. He disputes it informally but waits until February 2022 to file a brief at the court registry to set a hearing, assuming this preserves his right to contest. The judge declares his action inadmissible as the two-year limit expired.

Practical application:

Under this case law, merely requesting a hearing date does not constitute seising the judge and cannot interrupt the limitation period. To properly challenge a rent revision, the tenant must serve an assignation on the landlord within two years of the event. As soon as a dispute arises, consult a lawyer to draft and deliver the assignation without delay.

Marseille investor loses claim over unauthorised use

After buying a commercial building in Marseille, the new owner learns the tenant has occupied extra space without permission for over three years. He files a brief to set a hearing date for reclaiming occupation fees, but the claim is rejected as time-barred because no assignation was served to interrupt the two-year prescription.

Practical application:

The limitation period for actions between commercial landlords and tenants is two years from the date the claimant knew or should have known of the facts. Filing a request to set a hearing date is not enough; you must formally seize the court by delivering an assignation. Before purchasing property, always investigate potential claims, and if a breach is discovered post-purchase, immediately serve an assignation to safeguard your rights.

Filing of the brief with the court registry for

The situation

What the law says

Key points to remember

Legal information

Source

Keywords

Practical use cases

Landlord misses rent review deadline in Lyon

Parisian baker loses challenge to rent hike

Marseille investor loses claim over unauthorised use

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Maître Zakine, Doctor of Law