Council of State Ruling on Competent Jurisdiction for Dispute between M. A. and Commune of Saint Hilaire du Touvet
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Themes
Administrative jurisdiction, public agent, SPIC, Labour Court, competence decline, prefect's decree, conflict, administrative judge, Tourism Code, Article L.342-13, Council of State, Court of Appeal, Grenoble, declinatory of competence, jurisdictional dispute, public service, private law agent, judicial judge, director of SPIC, accountant, CE 26 January 1923, Robert Lafreygère, CE 8 March 1957, Jalenques de Labeau, Union syndicale des industries aéronautiques, TC 24 April 1978, Bakery Company of Kourou, CE Ass, TC 19 November 2012, Commune of Saint Clément des Baleines, mechanical lift service, Saint Hilaire du Touvet, Isère, jurisdictional conflict, administrative law, public law agent
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Abstract
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Abstract
The Council of State determines the competent jurisdiction to settle a dispute between M. A., director of a SPIC, and the commune of Saint Hilaire du Touvet, based on the jurisprudence regarding public agents and the competence of administrative jurisdictions.
Extract
[...] and the commune of Saint Hilaire du Touvet ? - What is the quality of Mr. Public agent or private law agent? Solutions of the CAA: - Article L.342-13 of the Tourism Code qualifies the mechanical lift service as SPIC - Individual disputes concerning the agents of a SPIC, in principle, fall under the judicial judge, except for the director and the accountant. - Considering the facts, Mr. A. must be considered as the director of this service - As a result, Mr. [...]
[...] has the quality of public agent - The administrative jurisdictions are thus competent. Announcement of the plan Proposal of plan A reminder of the essential principles concerning public services The recognition of a SPIC by determination of the law « Considering that, according to Article L. 342-13 of the Tourism Code, the execution of the mechanical lifts and ski slopes service is ensured either in direct management, or in management by a public person in the form of a public industrial and commercial service? [...]
[...] and the commune of Saint Hilaire du Touvet - It is therefore rightly that the prefect has escalated the conflict - Analysis of this solution. - See also TC 19 November 2012, Commune of Saint Clément des Baleines. In this case, municipal campsite = SPIC but the agent was neither director nor accountant. Competence of the judicial judge. [...]
[...] / Commune Saint Hilaire du Touvet, n°C4177 « In this case, by a contract of employment for an indefinite period, M. A . was hired by the commune of Saint-Hilaire du Touvet, to the rights of which comes the commune of the Plateau-des-petites roches as of October as the head of the municipal exploitation of the mechanical lifts; that, by the decisions of January 5 and November he was appointed receiver of receipts for the regime; that, by letter of December the commune notified him of his dismissal for inaptitude and impossibility of reclassification; that, on April M. [...]
[...] Council of State January 2020, M. A. v. Commune Saint-Hilaire du Touvet, n°C4177 - Which court is competent to settle the dispute between M. A. and the commune of Saint-Hilaire du Touvet, and what is the quality of M. A . ? - Detailed Plan Commentary: Council of State January 2020, M. [...]
