Council of State Case Summaries: Jurisdiction and Public Establishments

Extract

[...] This jurisdiction then granted her request and annulled the decision. An appeal was then lodged by the Minister of Action and Public Accounts to have the decision annulled. The Administrative Court of Appeal of Lyon by a ruling of 21 September 2017 granted her request and annulled the decision of the administrative court. It is in this way that the person lodged a cassation appeal with the Council of State to have the last decision annulled. Problem : Can the writers of the Bank of France be considered and assimilated to the personnel of the General Directorate of Public Finances? [...]

[...] Can the departmental service of fire and rescue be considered a public establishment of the department within the meaning of Article L of the Electoral Code? Solution : The Council of State responds in the negative. It annuls the judgment of the Administrative Court and validates the election of the head of the territorial group of the departmental service of fire and rescue. It considers that it follows from the provisions of the General Code of Territorial Collectivities that the departmental fire and rescue services cannot be regarded as public establishments of the department within the meaning of Article L.231 of the Electoral Code. [...]

[...] Problem : Is the fact that the effects of the decree are postponed eight months later sufficient to prevent the characterization of the urgency necessary to seize the emergency judge and to prevent the future agglomeration community from using competences that have not yet been conferred on it? Can an EPIC apply an ordinance extending transformation in advance and thus exercise competences it does not yet possess? Solution : The Council of State responds negatively. It first annuls the referral judge's ordinance of May In fact, it considers that there is no reason for annulment in the context of a referral instance. According to him, there is no urgency to suspend the execution of the decree since the transformation will only take effect in December 2002. [...]

[...] Scope : The conflict court ultimately reconsiders the distinction between public establishments and public utility establishments, the former being public persons, the latter being private persons. It is in this way that public utility establishments remain subject to private law and the competence of the judicial judge. II. Council of State, June « Commune of Fauillet and others Hook : By a ruling of June 'Commune of Fauillet and others', the Council of State addresses the question of the free administration of territorial collectivities as a fundamental freedom. [...]

[...] Council of State June February June 2019 - Case Summaries I. Council of State November 1961, Regional Cancer Centre 'Eugène Marquis' Hook : By a judgment of 20 November 1961, Regional Cancer Centre 'Eugène Marquis', the Council of State ruled on the competent jurisdiction regarding regional cancer centres. Facts : In this case, a doctor from the regional cancer centre considers that a decision taken by the director of the said centre illegally and to his detriment modifies the modalities of exercise of his functions. [...]