Limitation Period and Expert Assessment: When a Pre-trial Instruction Stays the Time Limit for Action

Imagine: you are the owner of a commercial premises in Paray-le-Monial, and your tenant is claiming eviction compensation from you after having refused the renewal of their lease. You think the time limit for action has passed, but an expert assessment was ordered before any trial. Who is right? Many people ask this question, and the answer lies in a decision of the Court of Cassation of 6 July 2017.

At the heart of the debate: Article 2239 of the Civil Code, which suspends the limitation period (the time limit for bringing legal proceedings) when a judge orders a pre-trial expert assessment, until that assessment is carried out. But does this rule, derived from the Law of 17 June 2008, apply to decisions made after its entry into force, even if the facts are earlier? The Court of Cassation answers in the affirmative, in a decision that clarifies the situation for thousands of property disputes.

In other words, if you are a landlord or tenant, this decision can make the difference between obtaining or losing your compensation. Let us decipher together what this means concretely for you.

The Facts: A Story Like Any Other

Mr X, owner of a commercial premises in Le Creusot, leases the premises to a company. In 2005, he gives notice to his tenant with refusal of renewal, but without offering eviction compensation. The tenant contests and, in May 2008, obtains in summary proceedings an order appointing an expert to assess the eviction compensation. The expert assessment takes place, the tenant participates in the operations, then, in 2013, he sues the owner for payment of the compensation.

Problem: the owner raises the limitation period. According to Article L.145-60 of the Commercial Code, the action for payment of eviction compensation is time-barred after two years from the eviction. However, the eviction occurred in 2005, and the claim is from 2013: the time limit seems to have expired. But the tenant argues that the summary order of 2008 suspended the limitation period until the end of the expert assessment, which occurred in 2010. The Court of Appeal rules in his favour, and the owner appeals to the Court of Cassation.

The twist? The Court of Cassation upholds the appeal decision: the limitation period was indeed suspended by the expert assessment ordered before any trial, and this even though the 2008 law is subsequent to the facts. The owner must therefore pay the compensation, assessed at several tens of thousands of euros.

The Reasoning of the Court — Analysed

The judges' reasoning revolves around two key points. First, Article 2239 of the Civil Code, created by the Law of 17 June 2008, provides that the limitation period is suspended when the judge orders a pre-trial expert assessment, until its execution. Second, the question of the application of the law over time: does the new rule apply to decisions made after its entry into force, or only to subsequent facts?

The Court of Cassation, in a landmark decision, answers that Article 2239 applies to decisions ordering an expert assessment made after the entry into force of the law, regardless of whether the facts are earlier. In clear terms, it is the date of the judge's decision that counts, not that of the eviction or the notice. In other words, once the judge has ordered the expert assessment, the limitation clock stops until the expert submits their report.

What few people know: this solution is a confirmation of previous case law, but it brings welcome clarification. The judges also noted that the tenant, by participating in the expert assessment without contesting their right to compensation, had implicitly recognised the principle of compensation. However, note: the Court does not rule on the merits of the right to compensation, but only on the limitation period.

What This Changes for You — Concretely

For landlord owners: if you are sued for payment of eviction compensation and an expert assessment was ordered before any trial, do not rely on the limitation period to escape your obligation. The two-year time limit is suspended for the entire duration of the expert assessment. Concrete example: a landlord in Le Creusot who gave notice in 2018, expert assessment ordered in 2019, report submitted in 2021: a claim in 2023 is perfectly valid.

For tenants: this decision is a breath of fresh air. If you obtained an expert assessment in summary proceedings, you have all the necessary time to act afterwards, without fear of the limitation period. undefined, I have come across cases where tenants, unaware of this rule, gave up their action, thinking they were out of time. Do not make this mistake.

For buyers or co-owners: the principle is transferable to other areas (hidden defects, neighbourhood disturbances). If an expert assessment is ordered, the limitation period is suspended. Always check whether an expert assessment was ordered before invoking the limitation period.

Four Tips to Avoid This Type of Dispute

• Keep all court decisions: summary orders, judgments, appeal decisions. They are proof of the expert assessment and the suspension of the limitation period.
• Act as soon as the expert assessment ends: as soon as the report is filed, the limitation period starts running again. Do not delay in bringing the main claim.
• Do not presume the limitation period has expired: before giving up an action, have a lawyer check whether a prior expert assessment suspended the time limit.
• In case of notice without compensation: if you are a tenant, promptly request an expert assessment in summary proceedings to assess the compensation. This protects you against the limitation period.

Further Analysis: Related Case Law and Developments

This decision is part of a consistent line of the Court of Cassation. Already, in a decision of 11 December 2013 (No. 12-27.142), the Court had ruled that Article 2239 applies to expert assessments ordered after 19 June 2008, the date of entry into force of the law. The 2017 decision merely confirms this solution. However, the Court clarifies that it is the date of the decision ordering the assessment that matters, not that of the application for summary proceedings.

Another decision of 13 September 2017 (No. 16-19.768) extended this principle to pre-trial expert assessments ordered under Article 145 of the Code of Civil Procedure. The trend is therefore clear: judges favour the protection of the creditor of compensation by suspending the limitation period during the expert assessment. For the future, this case law could be recalled in other disputes (construction, sale) where a preliminary expert assessment is common.

In Practice: What to Do

Checklist if you are a tenant and you obtained an expert assessment in summary proceedings:

1. Check the date of the summary order (it must be after 19 June 2008).
2. Keep the expert report and the date of its filing.
3. Bring the main claim within two years of the filing of the report, without delay.
4. If the landlord invokes the limitation period, oppose Article 2239 and the 2017 decision.

FAQ:

Q: Does an expert assessment ordered before 2008 suspend the limitation period?
A: No, Article 2239 only applies to decisions made after 19 June 2008. For earlier expert assessments, the old rules apply (interruption, not suspension).

Q: What to do if the landlord refuses to pay compensation after the expert assessment?
A: Sue them within two years of the filing of the report. The 2017 decision protects you against the limitation period during the expert assessment.

Q: Can I request an expert assessment in summary proceedings even if the limitation period has already expired?
A: No, the expert assessment cannot revive a time-barred right. It only suspends current time limits.

Are you in a similar situation? A first 30-minute consultation with Maître Zakine (€45) can save you months of proceedings — and often much more. Book an appointment →