SAFER resale: can a joint applicant bring an annulment claim alone?

SAFER, the French agricultural land agency, is not intended to retain ownership of property acquired by agreement or through pre-emption. It resells the property to recipients selected through a regulated procedure: a public call for applications, an opinion from the departmental technical committee and approval by government commissioners. Applicants must demonstrate management ability, a feasible professional project and financial solvency.

Under Article L. 143-14 of the French Rural and Maritime Fishing Code, proceedings challenging resale decisions must be brought within six months of publication of the reasoned decisions. Case law reserves this action to an unsuccessful applicant: they must have formally applied at the price set by SAFER. Someone who merely requested information has no standing.

A farmer applied to two SAFER calls for bids concerning plots in his municipality. His application used a joint form with another farmer: they intended to buy all the land in equal shares at the requested price. The plots were ultimately allocated to a property holding company (SCI). The farmer alone sought annulment of the resale decision and the subsequent sale. The Court of Appeal held his claim inadmissible, reasoning that he could not challenge rejection of a joint application without his co-applicant.

Relying on Articles L. 143-14 and R. 142-1 of the Rural Code, the Court of Cassation recalled that any applicant for a SAFER resale may challenge the decision to resell plots acquired by agreement.

It quashed the appellate ruling: stating that an applicant’s project to acquire all the plots at the requested price is shared with another applicant does not deprive them of standing to seek, alone, annulment of the resale decision in favour of a third party and the subsequent transactions.

Joint applications are common, particularly where neighbouring farmers wish to divide a group of plots. The ruling ensures that each retains an independent right to bring proceedings: if one does not wish to sue, the other may act alone.

The other admissibility requirements remain unchanged. The applicant must have responded to the call at the stated price and must act within six months of publication of the reasoned decision. An action to annul the subsequent sale must also be brought against all parties to that transaction and, where applicable, be registered through the land publicity formalities.