A product marketed as a food supplement

Reference decision: cc • No. 99-85.437 • 2000-09-05 • View decision →

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

The situation

A product marketed as a food supplement, which is neither a medicinal product nor a dietetic product subject to the regulations on foodstuffs intended for particular nutritional uses, falls within the rules applicable to foodstuffs and may not, pursuant to Article 1 of the Decree of 15 April 1912, contain added substances other than those whose use is authorised by ministerial order(1).

What the law says

This decision confirms the fundamental principles of property law.

Key points

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

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📌 Does this apply to your situation? Maître Cécile Zakine, French real estate lawyer, practises throughout France.
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Practical use cases

Landlord's eviction order appealed by tenant

A landlord in Lyon obtained a court order to evict a tenant for non-payment of rent totalling €4,500. The tenant has appealed the decision, alleging procedural errors. The landlord has 15 days to respond to the appeal.

Practical application:

This case confirms that strict compliance with legal time limits for appeals is critical. The landlord must file a response within the 15-day deadline, otherwise the appeal may succeed by default. Gather all rent receipts, the lease agreement, and the original court order. Consult a solicitor immediately to prepare a robust defence.

First-time buyer discovers structural cracks after purchase

A couple in Bordeaux bought a flat for €250,000. Two months after moving in, they found significant structural cracks hidden by fresh paint. They need to prove the seller knew about the defect.

Practical application:

The decision underscores the importance of keeping all supporting documents. The buyers should locate the deed of sale, the property condition report, and any correspondence with the seller or estate agent. These documents are essential to prove non-disclosure and seek damages. They should also obtain an expert surveyor's report and act before the two-year limitation period for hidden defects expires.

Co-owner disputes costly roof repair decision

In a co-ownership in Marseille, the syndic (property manager) called for urgent roof repairs costing €30,000 without a proper vote. One co-owner believes the work is unnecessary and wants to challenge the decision.

Practical application:

This case highlights that preventive legal advice is cheaper than litigation. The co-owner should request an extraordinary general meeting to discuss the necessity of the work and obtain independent quotes. Challenge the syndic’s decision within two months of receiving the minutes, as per co-ownership law. If needed, seek a solicitor's guidance early to avoid costly court proceedings.

A product marketed as a food supplement

The situation

What the law says

Key points

Legal information

Source

Keywords

Practical use cases

Landlord's eviction order appealed by tenant

First-time buyer discovers structural cracks after purchase

Co-owner disputes costly roof repair decision

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