NECESSARY INFORMATION AND ADVICE IN THE SALE

Civil Division 3

Public hearing on January 12, 2005 Cassation


Appeal No.: 03-18055
Published in the Newsletter Chair: Mr. WEBER

FRENCH REPUBLIC
ON BEHALF OF THE FRENCH PEOPLE
ON BEHALF OF THE FRENCH PEOPLE

THE COURT OF APPEALS, THIRD CIVIL DIVISION, made the following ruling:

Whereas, according to the judgment (Lyon, June 26, 2003), which, by act of May 31 and June 7, 1994, the town of Dardilly acquired a parcel owned by the society of Old briquette Limonest, on which the tenant and sublessee of the latter had operated a landfill whose activity was arrested by the prefect’s decision June 12, 1980, that, by order of July 7, 1982, work planning and pollution control have been ordained, that the town of Dardilly requested the cancellation of the sale to the absence of information on the operation of a classified installation;

The unique way:

Having regard to Article L. 514-20 of the Code of the environment;

Whereas when a facility requires a permit has been operating on land, the seller of this land is required to inform the purchaser in writing, he also informed, provided he knew of the dangers or significant disadvantages that result from the operation;

Whereas, to deny the request resolution formed by the town of Dardilly, stop holding that it could be argued that it was unaware that a classified facility was operated on the land acquired and caused a nuisance when orders prefecture in 1975, 1980, 1982 and 1988 had been notified and that e had been exchanged between it and the operating company followed by a meeting she organized in 1988;

What s tatu well, while the seller had failed to notify the purchaser in connection with the sale, the Court of Appeal violated the text referred to above;

FOR THESE REASONS:

Quashed, in all its provisions, the decision of June 26, 2003, between the parties, the Court of Appeal of Lyon;

calls, therefore, the cause and the parties in the state they were before the judgment and to be granted, the returns before the Court of Appeal of Dijon;

Society condemns Old briquette Limonest (ABL) at the expense;

Having regard to Article 700 of the new Code of Civil Procedure, the company formerly condemned briquette Limonest to pay the sum of 1900 euros to the town of Dardilly;

Having regard to Article 700 of the new Code of Civil Procedure, dismissed the application for the company formerly briquette Limonest (ABL);

Said that the audit of the Attorney General at the Court of Cassation, the above will be sent to be transcribed in the margin or as a result of the broken off;


Well done and tried by the Court of Cassation, Third Civil Chamber, and pronounced by the President in a public hearing on 12 January two thousand and five.

 



Contested decision: Court of Appeal of Lyon (1st Civil Chamber) 2003-06-26

 
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