If, under Article L

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

The situation

If, under Article L. 323-6 of the Social Security Code, as amended by Law No. 2010-1594 of 20 December 2010, the courts with jurisdiction over general social security disputes review, in the event of an appeal against decisions relating to the recovery of the daily allowances it provides for, the proportionality of the penalty imposed by the fund to the seriousness of the breach committed by the insured person, these provisions do not give the recovery of undue payments the character of a punitive sanction and therefore do not preclude the application of the financial penalty provided for by Article L. 162-1-14, now L. 114-17-1 of the same Code. A court with jurisdiction over general social security disputes therefore infringes those provisions if it holds that such a penalty cannot be combined, pursuant to the ne bis in idem principle, with a claim for recovery of unduly paid daily allowances.

What the law says

This decision confirms the fundamental principles of property law.

Key takeaways

• Scrupulously comply with the statutory time limits for appeals
• Keep all 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.