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Amounts owed by the employer under the employment contract prior to the judgment opening judicial reorganisation proceedings remain subject to the collective proceedings regime
Droit Immobilier

Amounts owed by the employer under the employment contract prior to the judgment opening judicial reorganisation proceedings remain subject to the collective proceedings regime

📅 Decision of 10 May 2006🔄 Updated on 5 October 2026⚖️ Cour de cassation👁️ 10 views📖 2 min read

Amounts owed by the employer under the employment contract prior to the judgment opening judicial reorganisation proceedings remain subject, even after the adoption of a reorganisation plan, whether by transfer or by continuation, to the collective proceedings regime. Consequently, a Court of Appeal that orders the company, acting through the commissioner responsible for implementing the plan, to pay the employee compensation for dismissal without real and serious cause, even though it had found that the termination of the employment contract was prior to the judgment opening judicial reorganisation proceedings, violates Article L. 621-40 of the Commercial Code.

Reference decision: cc • N° 04-42.076 • 2006-05-10 • Consult the decision →

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

The situation

Amounts owed by the employer under the employment contract prior to the judgment opening judicial reorganisation proceedings remain subject, even after the adoption of a reorganisation plan, whether by transfer or by continuation, to the collective proceedings regime. Consequently, a Court of Appeal that orders the company, acting through the commissioner responsible for implementing the plan, to pay the employee compensation for dismissal without real and serious cause, even though it had found that the termination of the employment contract was prior to the judgment opening judicial reorganisation proceedings, violates Article L. 621-40 of the Commercial Code.

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 legal remedies
  • 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: 04-42.076
  • Court: Cour de cassation
  • Decision of: 10 May 2006

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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