Subletting and the fight against speculation

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In a judgment (in French only) of 23 December 2022, the Constitutional Court declared that “Article 1762-6, paragraph 4, of the Civil Code, as introduced by the Law of 3 February 2018 on commercial leases (…) in that it does not allow an economic operator who has taken a lease of commercial premises to sublet it at a price that allows him to cover his operational expenses relating to the subletting and to obtain a reasonable profit from the subletting , is contrary to Article 11, paragraph 6, subparagraph 1, of the Constitution.”