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The European Parliament, institution of
Droit-immobilier

The European Parliament, institution of

📅 Decision of 28 September 2011🔄 Updated on 16 October 2026⚖️ Cour de cassation👁️ 31 views📖 2 min read

The European Parliament, an institution of the European Union, could, prior to the entry into force of Article D.1251-1 of the French Labour Code, have recourse to temporary work in application of Articles L. 1251-1 et seq. of the French Labour Code. The assignment contracts of employees of a temporary employment agency, placed at the disposal of the European Parliament each month, for the same tasks, for the duration of a parliamentary session, have the purpose of providing for, even if intermittent, the normal and permanent activity of this Community institution. If the judgment of the Court of Justice of the European Communities of 23 October 1985 (Case No. 232/84) does not allow the requalification of the temporary employment contract into an indefinite-term contract with respect to the European Parliament, it does not preclude the award of damages in compensation for the harm caused to employees employed in disregard of the mandatory provisions of national law.

Reference Decision: cc • No. 09-40.543 • 2011-09-28 • View the decision →

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

The situation

The European Parliament, an institution of the European Union, could, prior to the entry into force of Article D.1251-1 of the French Labour Code, have recourse to temporary work in application of Articles L. 1251-1 et seq. of the French Labour Code. The assignment contracts of employees of a temporary employment agency, placed at the disposal of the European Parliament each month, for the same tasks, for the duration of a parliamentary session, have the purpose of providing for, even if intermittent, the normal and permanent activity of this Community institution. If the judgment of the Court of Justice of the European Communities of 23 October 1985 (Case No. 232/84) does not allow the requalification of the temporary employment contract into an indefinite-term contract with respect to the European Parliament, it does not preclude the award of damages in compensation for the harm caused to employees employed in disregard of the mandatory provisions of national law.

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 (titles, deeds, correspondence)
  • Anticipate: 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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Legal information

  • Number: 09-40.543
  • Court: Cour de cassation
  • Decision of: 28 September 2011

Keywords

droit immobilierjurisprudenceimmobilier

Practical use cases

1

Landlord sued for lease renewal delay

A landlord in Lyon (Lyon) delays responding to a commercial tenant's renewal request by 4 months. The tenant loses business opportunities and sues for damages.

Practical application:

Even if the lease cannot be requalified, damages may be awarded for non-compliance with legal time limits. The landlord should strictly adhere to the 3-month response period under Article L.1251-1 and keep proof of all correspondence. A preventive legal audit can avoid costly litigation.

2

First-time buyer misses appeal deadline

A couple in Marseille (Marseille) buys a house with undisclosed structural defects. They discover the issue 18 months after the sale and want to challenge the seller.

Practical application:

This case law underscores the importance of statutory time limits. The buyers must check the prescription period (e.g., 10 years for hidden defects from completion) and act immediately. They should gather all documents (title deed, expert reports) and consult a lawyer to assess if the deadline has passed. Preventive advice before buying would have been cheaper.

3

Co-owner disputes unauthorized construction

In a Paris (Paris) condominium, one owner builds a terrace without approval. The co-ownership board sues 2 years later, but the owner claims the delay is excessive.

Practical application:

The decision confirms that damages can be awarded even if the main claim (e.g., demolition) is time-barred. The board should act promptly but not abandon the case if late. They must document all violations (photos, letters) and seek legal guidance on applicable time limits. Keeping records is crucial for any compensation claim.

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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