Under Article L

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

The situation

Under Article L. 412-17, paragraph 1, of the French Labour Code, as amended by Law No. 82-915 of 28 October 1982, a trade union delegate is automatically a representative on the works council or the establishment works council in companies or establishments with fewer than 300 employees. Therefore, a judgment of a District Court must be quashed where, in order to reject the application for annulment of the appointment of an employee who did not have the status of trade union delegate as a trade union representative on the establishment works council of a company whose total workforce exceeds 300 employees and which has several separate establishments, including the one in which the appointment took place, which employs 150, the court held that Article L. 412-17 refers to the concept of company to the exclusion of that of establishment and cannot apply in an establishment with fewer than 300 employees, but which belongs to a company employing 300 or more employees in total.

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 bringing legal proceedings
• Keep all supporting documents (title deeds, instruments, correspondence)
• Be proactive: preventive advice always costs less than litigation

For an analysis of your situation: 30-minute consultation for €45 with Maître Zakine.