This decision provides important insight into your family and estate rights. Here is what it changes for you.

The situation

A collective agreement may validly provide for a derogation from the fifty-employee headcount requirement for the setting up of works councils, while expressly excluding that contractual derogation for the designation of trade union representatives by trade union organisations. It was therefore open to a district court (tribunal d'instance) to set aside the designation of a trade union representative made within an establishment employing fewer than fifty employees and in which a works council had been established pursuant to a collective agreement, given that the agreement derogated only from the headcount requirement for that institution and the designation did not satisfy the statutory requirements.

What the law says

This decision confirms the fundamental principles of property law.

Key points to remember

• Strictly observe the statutory time limits for bringing an appeal
• Keep all your supporting documents (title deeds, instruments, correspondence)
• Plan ahead: preventive advice is always cheaper than a dispute

For an analysis of your situation: 30-minute consultation at €70 with Maître Perucca.