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The statutory provisions and
Droit Immobilier

The statutory provisions and

📅 Decision of 13 March 2001🔄 Updated on 17 October 2026⚖️ Cour de cassation👁️ 12 views📖 2 min read

The statutory provisions, and in particular the supplementary note to Article 55 of the Air France flight crew regulations relating to ground reassignment, do not permit placing on unpaid leave an employee whose permanent unfitness to fly has not been declared by the Civil Aviation Medical Board; it follows that placing an employee on unpaid leave constitutes a termination of the employment contract treated as a dismissal.

Reference decision: Court of Cassation • No. 98-44.361 • 13 March 2001 • View the decision →

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

The situation

The statutory provisions, and in particular the supplementary note to Article 55 of the Air France flight crew regulations relating to ground reassignment, do not permit placing on unpaid leave an employee whose permanent unfitness to fly has not been declared by the Civil Aviation Medical Board; it follows that placing an employee on unpaid leave constitutes a termination of the employment contract treated as a dismissal.

What the law says

This decision confirms the fundamental principles of property law.

Key takeaways

  • 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

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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: 98-44.361
  • Court: Cour de cassation
  • Decision of: 13 March 2001

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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