The various government measures

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

The situation

The various government measures relating to the fight against the spread of the Covid-19 virus did not impose a ban on hotels receiving the public but empowered the State representative to prohibit or restrict, by regulatory or individual measures, activities that were not prohibited when local circumstances required it. Accordingly, a court of appeal legally justifies its decision when, in order to exclude the business interruption cover for losses suffered by a hotel, provided by an insurance contract in the event of closure of the establishment by administrative decision due to contagious diseases or infections, it states that the prefectoral order prohibiting the letting, for tourist purposes, of hotel rooms located within the territory of several municipalities in order to prevent the spread of the Covid-19 virus did not concern the municipality where the establishment operated by the insured is located.

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.