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Articles 2 and 3 of the Code of Criminal Procedure
Droit Foncier

Articles 2 and 3 of the Code of Criminal Procedure

📅 Decision of 15 June 1994🔄 Updated on 17 October 2026⚖️ Cour de cassation👁️ 13 views📖 2 min read

Articles 2 and 3 of the Code of Criminal Procedure, applicable to offences against town planning rules, allow any person who alleges damage directly caused by such offences to seek compensation, and the civil action is then admissible for all heads of damage arising from the facts which are the subject of the prosecution. This is the case for neighbours of an industrial establishment, built without permission in an area reserved for residential use, who, due to noise nuisance, suffered damage to their health. (1).

Reference decision: cc • N° 93-83.929 • 1994-06-15 • View the decision →

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

The situation

Articles 2 and 3 of the Code of Criminal Procedure, applicable to offences against town planning rules, allow any person who alleges damage directly caused by such offences to seek compensation, and the civil action is then admissible for all heads of damage arising from the facts which are the subject of the prosecution. This is the case for neighbours of an industrial establishment, built without permission in an area reserved for residential use, who, due to noise nuisance, suffered damage to their health. (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 bringing an appeal
  • Keep all your supporting documents (title deeds, deeds, letters)
  • 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: 93-83.929
  • Court: Cour de cassation
  • Decision of: 15 June 1994

Keywords

droit immobilierjurisprudencefoncier
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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