This summer, the Court of Cassation had to rule on the balance between two fundamental rights: the right to respect for private life and the right to property.
I The question: must the judge hearing the application for interim relief be satisfied that there is a disproportionate interference with the right to respect for private life before ordering an expulsion?
In this case, owners have summoned individuals who were illegally occupying property.
In both the first instance and the appeal, the Judge orders the expulsion.
The occupants then appealed to the Court of Cassation seeking the annulment of the judgment on the basis of Article 8 of the European Convention on Human Rights (ECHR).
As a reminder, Article 8 of the ECHR states that everyone has the right to respect for his private life.
The occupants considered that the interlocutory Judge should have responded to their claim as there could be a disproportionate interference with this fundamental freedom of the right to privacy.
In fact, the occupants considered that the urgent applications judge had to check whether there was a disproportionate interference with the right to respect for private life protected by Article 8 of the ECHR before ordering an expulsion.
The Court of Cassation has decided otherwise.
II The answer: no, the interference with the right to privacy is not disproportionate in view of the seriousness of the infringement of the right of ownership
In a decision published in the bulletin that you can find here, the Court of Cassation rejected this argument.
The Court considers that “since eviction is the only measure capable of enabling the owner to recover his full rights over the property being unlawfully occupied, the resulting interference with the right to privacy is not disproportionate to the right to privacy. the seriousness of the infringement of the right of ownership “.
It is also interesting to note that the Court has also reaffirmed the principle that property rights are absolute.
It is obviously with regard to this criterion that an owner can logically obtain in summary the expulsion of an occupant without right or title.
Do not hesitate to contact the office of Me RIBEIRO DE CARVALHO for any questions relating to eviction or real estate law in general.