The provisions of Article L. 145-9 of the Commercial Code, as worded following the Law of 4 August 2008, concerning the date for which notice to quit had to be given, applied only where the lease had been tacitly extended, and not to a notice to quit given at the end of a three-year period (1st case).

Since the legal effects of a contract are governed by the law in force on the date on which they occur, the Law of 4 August 2008, which amended Article L. 145-9 of the Commercial Code and required notice to quit to be given for the last day of the calendar quarter and at least six months in advance, applied to contracts in progress (2nd case).