Recent case-law · Cabinet Soliman · 2026

Cour de cassation
recent rulings

Commentaries on recent decisions of the French Supreme Court by Maître Ahmed Soliman, Paris Bar. Employment, real estate, family and criminal law.

06
Rulings · 2026
Employment Law Cour de cassation 18 March 2026 — dismissal for breathalyser refusal
01
Cass. soc. 18 March 2026 · no. 24-17.302

Dismissal for refusing a breathalyser test: the French Supreme Court redraws the limits

The employer may only require a breathalyser test if three cumulative conditions are met: an express clause in the internal rules, a position genuinely raising a safety concern, and the effective possibility to contest the result. Failing this, the dismissal is deemed without real and serious cause.

Social Chamber Dismissal Internal rules
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Real Estate Law Cass. 3e civ. 29 Jan. 2026 — commercial lease charges non-enforceable
Cass. 3e civ. 29 Jan. 2026 · Published

Commercial lease: undetailed charges are unenforceable against the tenant

Article L.145-40-2 of the French Commercial Code, introduced by the Pinel Act of 18 June 2014, requires the landlord to provide a precise and exhaustive inventory of rechargeable costs. The Third Civil Chamber draws a strict consequence: without a compliant inventory, no charge can be claimed.

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Family Law Cass. 1re civ. 20 May 2026 — child support judge's duty
Cass. 1re civ. 20 May 2026 · Published

Child support: the family judge must determine the amount of its own motion

A family judge seised of a request relating to the contribution to a child's maintenance cannot refuse to rule for lack of a quantified request. The judge must fix the amount by weighing the resources of each parent and the needs of the child.

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Criminal Law Cass. crim. 14 April 2026 — police custody nullity access to lawyer
Cass. crim. 14 April 2026 · no. 25-87.000

Police custody: nullity raised of its own motion sanctions delayed access to counsel

The right to legal assistance from the start of police custody, guaranteed by article 63-3-1 of the French Code of Criminal Procedure, admits no unjustified delay. The Criminal Chamber holds that nullity must be raised even without proven prejudice.

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05
Real Estate Law · Cass. 3e civ. 26 March 2026

Hidden defects: the professional seller is irrebuttably presumed liable, without proof of knowledge

The Third Civil Chamber confirms that the professional seller is irrebuttably presumed to have known of the defects affecting the item sold. The buyer need not prove the seller's bad faith to obtain the warranty under article 1641 of the Civil Code and damages.

no. 24-14.523 · 26 March 2026
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06
Real Estate Law · Cass. 3e civ. 4 June 2026

Unfit housing: the landlord must reimburse rent collected, even with a signed inspection report

The obligation to deliver housing meeting decency standards under article 6 of the Act of 6 July 1989 is not neutralised by the signing of an inventory of fixtures. The tenant of unfit housing can obtain restitution of the rent paid during the period of non-compliance.

no. 24-11.437 · 4 June 2026
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