September 21, 2023
Louis Gourret, in collaboration with other legal experts, examines the challenges posed by the implementation of the Pinel right of pre-emption in France. Since it came into force in 2014, this right has given rise to academic debate and legal uncertainty regarding its scope. The author argues in favour of a review to clarify and streamline the use of this mechanism.
The waiver of the right of first refusal under Article L. 145-46-1 of the Commercial Code, known as the ‘Pinel’ provision, is a regular source of difficulties for practitioners. Indeed, since the entry into force on 18 December 2014 of Article 14 of Law No. 2014-626 of 18 June 2014 – known as the Pinel Act – the right of pre-emption available to the tenant in the event of the sale of premises used for commercial or craft purposes has given rise to differences of opinion amongst legal scholars and uncertainties linked to certain court rulings regarding its scope of application, even though the legislature’s intention was initially very clear: ‘to promote the continued existence of very small commercial and craft businesses in town centre areas subject to property market pressures’.
Louis Gourret, as part of the Colbert Conference, is arguing alongside Ms Justine N’DIAYE (WARGNY KATZ), Delphine Lucien-Coirre (Allez & Associés Notaires) and Marie-Anne Le Floch (Cheuvreux) in favour of establishing a position of principle for practical application, in order to avoid the systematic exercise of the right of pre-emption as a precautionary measure.
The outcome of this collective discussion can be found in an article entitled ‘Pinel right of pre-emption: a case for excluding offices and warehouses’, published in the journal *Construction – Urbanisme* No. 9 – September 2023.
