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The offence of employing a foreigner without
Droit Immobilier

The offence of employing a foreigner without

📅 Decision of 11 April 2012🔄 Updated on 17 October 2026⚖️ Cour de cassation👁️ 31 views📖 2 min read

The offence of employing a foreigner without a salaried work permit necessarily causes direct and personal harm to the irregularly employed foreign worker. Therefore, the Court of Appeal is justified in its decision when, after finding the defendant guilty of employing a foreigner without a work permit, it orders him to compensate the moral damage suffered by that employee.

Reference decision: Court of Cassation • No. 11-85.224 • 2012-04-11 • View the decision →

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

The situation

The offence of employing a foreigner without a salaried work permit necessarily causes direct and personal harm to the irregularly employed foreign worker. Therefore, the Court of Appeal is justified in its decision when, after finding the defendant guilty of employing a foreigner without a work permit, it orders him to compensate the moral damage suffered by that employee.

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, correspondence)
  • Think ahead: preventive advice is always cheaper 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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Legal information

  • Number: 11-85.224
  • Court: Cour de cassation
  • Decision of: 11 April 2012

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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