Everyone has the freedom

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

The situation

Every person has the freedom to choose their domicile and no one may impose restrictions on the rights of persons and on individual and collective freedoms that are not justified by the nature of the task to be performed and proportionate to the aim pursued. Violates Articles 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms, Article 9 of the Civil Code and Article L. 1121-1 of the Labour Code, the Court of Appeal which, in order to hold that the dismissal was based on a real and serious cause, held that by moving 20 km away from his place of work, i.e. a 25-minute journey by private vehicle, the employee was no longer able to comply with the residence obligation inserted in the employment contract requiring him to have his domicile less than 200 metres from his place of work, which is a substantial condition of his employment contract, and that this obligation is essential for the protection of the legitimate interests of the association and of the persons for whom the employee is to intervene, and proportionate, given the nature of the job held, to the aim pursued, such grounds being inadequate to establish that the interference with the employee's free choice of his domicile was justified by the nature of the work to be performed and proportionate to the aim pursued.

What the law says

This decision confirms the fundamental principles of property law.

Points to remember

• Strictly comply with the statutory time limits for appeals
• Keep all your supporting documents (title deeds, instruments, correspondence)
• Anticipate: preventive advice always costs less than litigation

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