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The ordinary courts have exclusive jurisdiction
Droit Immobilier

The ordinary courts have exclusive jurisdiction

📅 Decision of 03 December 1996🔄 Updated on 4 October 2026⚖️ Cour de cassation👁️ 13 views📖 2 min read

The ordinary courts have exclusive jurisdiction to rule on the employer's obligation to establish a redundancy plan and to assess its existence and regularity, regardless of whether the administrative authority, pursuant to Article L. 321-7 of the same Code, has or has not, in the absence of a redundancy plan, noted the employer's failure to act (decision no. 1).

Reference decision: cc • N° 95-17.352 • 1996-12-03 • View the decision →

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

The situation

The ordinary courts have exclusive jurisdiction to rule on the employer's obligation to establish a redundancy plan and to assess its existence and regularity, regardless of whether the administrative authority, pursuant to Article L. 321-7 of the same Code, has or has not, in the absence of a redundancy plan, noted the employer's failure to act (decision no. 1).

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 (title deeds, deeds, 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: 95-17.352
  • Court: Cour de cassation
  • Decision of: 03 December 1996

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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