The judgement by the Administrative court

About competence of the Court

Although this by-law deals with private property of the commune, the contents of this by-law does not appear to have the purpose of protection of the private domain of the commune, but is intended to rule public frequentation uin order to reduce legal risks of the commune or its mayor. Therefore, as it would be widely extended and of year long duration, il appears to be a by-law of administrative police. Therefore, the Administrative Court is competent in that specific case.

About abuse of administrative power

Since this by-law is imprecise and applies to well-known climbing areas, such a general and absolute regulation is out of proportion with its stated aims.

The Court decides (6 February 2001)

Article 1 : the by-law nº68 dated 31 July 2000 by the mayor of Rougon is cancelled.

Article 4 : the commune of Rougon is condemned to pay 5000 F to each of the 6 requiring associations as said in article L761-1 (to compensate costs of legal action by these associations) of the Administrative Justice Code: FCAF, CAF Île-de-France, CAF Marseille Provence, CAF Cannes-Côte-d'Azur, Association Lei Lagramusas.

The Mayor appeals against this decision in April 2001

FFME learned in September 2001 the the Mayor of Rougon appealed against that judgement in April 2001. However, in this case, his appeal does not set the interdiction again, so that climbing is still permitted until the new judgement.


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