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The action brought by the managing agent on the
Droit Immobilier

The action brought by the managing agent on the

📅 Decision of 21 May 2008🔄 Updated on 17 October 2026⚖️ Cour de cassation👁️ 9 views📖 2 min read

The action brought by the managing agent on the ground of nuisance is admissible provided that the authorisation of the general meeting of co-owners sufficiently specifies the nature of the proceedings pursued, the subject matter thereof, the parts of the building affected by the defects and the persons concerned.

Reference decision: cc • N° 06-20.587 • 2008-05-21 • View the decision →

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

The situation

The action brought by the managing agent on the ground of nuisance is admissible provided that the authorisation of the general meeting of co-owners sufficiently specifies the nature of the proceedings pursued, the subject matter thereof, the parts of the building affected by the defects and the persons concerned.

What the law says

This decision confirms the fundamental principles of property law.

Points to remember

  • Strictly comply with the statutory time limits for appeals
  • Keep all your supporting documents (deeds, instruments, 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: 06-20.587
  • Court: Cour de cassation
  • Decision of: 21 May 2008

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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