Succession Claims

An application for the placing of immovable property in perpetual use pursuant to Article 207 of the Real Estate Act 1997 was submitted by a state-owned undertaking (‘PP’). At the date of such application, PP had to be the OWNER of the property. Following the application, PP was commercialised and converted into a public limited company.

The commercialised company was further merged with another company. In such a factual situation, the Court of Appeal referred the following LEGAL QUESTION to the Supreme Court: “Does a public limited company resulting from a merger of capital companies, including a commercialised state-owned enterprise, have a claim under Article 207 of the Law of 21 August 1997 on the management of immovable property to establish the use of the perpetual land of a local authority if the owner of the property both as at 5 December 1990. , as well as 1 January 1998, it was the State Enterprise which, moreover, before the commercialisation and before the entry into force of the Law of 21 August 1997 on the management of immovable property, submitted a request to the municipality for the establishment of a right of perpetual use and the public limited company CONTINUES to own the property.’ Analysis attached. The case awaits the SN’s decision.