Reference decision: cc • No. 86-60.433 • 1987-12-03 • View the decision →
This decision provides important insight into your family and estate rights. Here is what it means for you.
The situation
Where one company succeeds another in the operation of a construction site and takes over the subsisting contracts of employment of the employees assigned to it, the length of service acquired by one of them in the service of the first company and retained on an individual basis as against the latter cannot be taken into account in determining that employee's entitlement to stand as a candidate in the elections of staff delegates or to be appointed as a trade union representative in the second company, inasmuch as those companies, having no legal link between them, the site could not constitute one and the same undertaking within the meaning of Articles L. 412-14, first paragraph, and L. 423-8, first paragraph, of the French Labour Code, and no clause of a more favourable collective agreement, applicable on the date of the change, had departed from the statutory provisions governing the appointment of trade union representatives or the election of staff delegates.
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 a claim
- Keep all your supporting documents (title deeds, instruments, correspondence)
- Plan ahead: preventive legal advice is always less costly than a dispute
For an analysis of your situation: 30-minute consultation at €70 with Maître Perucca.
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