Principle Of Legitimate Expectations
LexInter | July 5, 2015 | 0 Comments

Principle Of Legitimate Expectations

Council of State, May 9, 2001, n ° 211162, Société moselle de tractions

The principle of legitimate expectations, which is one of the general principles of Community law, is applicable, in the national legal order, only in the event that the legal situation with which the French administrative judge has to know is governed by the Community law.

BOARD OF STATE

Ruling on litigation

No. 211162

SOCIETE MOSELLANE DE TRACTIONS

  1. Courson, Rapporteur
  2. Seban, Government Commissioner

Sitting held on March 26, 2001

Reading of May 9, 2001

FRENCH REPUBLIC

IN THE NAME OF THE FRENCH PEOPLE

The Council of State deciding on litigation,

Considering the summary request and the additional memorandum recorded at the litigation secretariat of the Council of State on August 3 and November 29, 1999, presented for the SOCIETE MOSELLANE DE TRACTIONS (SMT) whose head office is located route de Flévy, BP 30101 in Tremery ( 57304), represented by its chairman in office; the SOCIETE MOSELLANE DE TRACTIONS asks the Council of State:

1 °) to annul the judgment of June 17, 1999 by which the administrative court of appeal of Nancy, ruling on appeal from the Minister of the Environment, annulled article 1 of the judgment of June 17, 1996 of the administrative court of Strasbourg declaring the State responsible for the damage caused to it by the entry into force of Decree No. 92-798 of August 18, 1992;

2) ruling on the merits, to order the State to pay him the sum of 11,500,000 F plus interest at the legal rate from the request made to the administration, this interest being capitalized on August 3 1999 to generate interest themselves;

3) to order the State to pay him a sum of 50,000 F in reimbursement of the costs incurred and not included in the costs;

Having regard to the other documents in the file;

Considering directive n ° 75/442 (EEC) of July 15, 1975 of the council of the European communities, modified by directive n ° 91/156 (EEC) of March 18, 1991;

Having regard to law n ° 75-633 of July 15, 1975 as amended;

Considering the decree n ° 90-267 of March 23, 1990 modified by the decree n ° 92-798 of August 18, 1992;

Considering the code of administrative justice;

After hearing in open court:

-the report of Mr Courson, Master of Requests,

-the observations of SCP Parmentier, Didier, lawyer for SOCIETE MOSELLANE DE TRACTIONS and SCP Lyon-Caen, Fabiani, Thiriez, lawyer for the Minister of Regional Planning and the Environment,

-the conclusions of Mr. Seban, Government Commissioner;

On the plea alleging false application of the principle of legitimate expectations:

Considering that the SOCIETE MOSELLANE DE TRACTIONS, part of whose activity consisted in the importation from Germany of household waste intended to be landfilled or incinerated, requested from the State compensation for the damage it suffered because of the intervention of the decree of August 18, 1992 prohibiting the importation of such waste by invoking a plea based on disregard of the principle of legitimate expectations;

Considering that this principle, which is part of the general principles of Community law, is applicable, in the national legal order, only in the case where the legal situation with which the French administrative judge has to know is governed by the law community; that this is not the case in the present case since, on the one hand, that the decree of August 18, 1992 was not adopted for the implementation of Community law and, on the other hand, that it was adopted prior to the intervention of Council Regulation n ° 259/93 (EC) of 1 February 1993; that, consequently, by rejecting the request of the SOCIETE MOSELLANE DE TRACTIONS on the grounds that the conditions of application of the principle of legitimate expectation were not met, whereas it was in reality inapplicable, the administrative court of the appeal vitiated its judgment with an error of law; that the ground based on the ineffective nature of the plea based on the disregard of the principle of legitimate expectation which was raised before the administrative court of appeal by the Minister of the Environment, which does not imply the assessment by the judge of cassation d ‘no factual circumstance and legally justifies the solution adopted by the court, must be substituted for that which this one retained;

On the plea alleging a false application of the principles of fault liability:

Considering that, in order to judge that the State had not committed any fault engaging its responsibility with regard to the SOCIETE MOSELLANE DE TRACTIONS, the administrative court of appeal noted, on the one hand, that the decree of August 18, 1992 which in principle prohibits the import for landfill of certain categories of waste, was taken for the application of the law of 15 July 1975 as amended, which complies with the objectives of Directive (EEC) of the Council of same day, and that the company could not reasonably claim an infringement which would have been brought to a promise to maintain the previous regulations authorizing the importation of certain waste and, on the other hand, that the French authorities did not were not obliged to adopt transitional measures; that

On the plea alleging false application of the principle of equality before public charges:

Considering that the amended law of July 17, 1975, on the basis of which the decree of August 18, 1992 was taken, was intended to organize the elimination of waste and the recovery of materials with a view to protecting the environment; considering that in the absence of legislative provisions to provide otherwise, and having regard to the purpose for which the legislation on waste disposal was established, the regulations legally adopted in application of this law cannot engage the responsibility of the State on the basis of the principle of equality before public charges, the court did not vitiate its judgment with an error of law;

Considering that it follows from all the above that the SOCIETE MOSELLANE DE TRACTIONS is not founded to request the annulment of the judgment, regular in the form, of the administrative court of Nancy dated June 17, 1999;

On the conclusions of the SOCIETE MOSELLANE DE TRACTIONS and the State seeking reimbursement of costs incurred and not included in costs;

Considering that the provisions of article L. 761-1 of the code of administrative justice prevent the State, which is not the losing party in the present proceedings, from being ordered to pay to the SOCIETE MOSELLANE DE TRACTIONS the sum claimed by it for the costs incurred by it and not included in the costs; that there is no need, in the circumstances of the case, to apply these provisions, and to order the SOCIETE MOSELLANE DE TRACTIONS to pay the State the sum requested by the Minister for the costs of same nature that he exhibited;

D ECIDE:

Article 1: The request of SOCIETE MOSELLANE DE TRACTIONS is rejected.

Article 2: The conclusions of the Minister of Regional Planning and the Environment tending to the application of Article L. 761-1 of the Code of Administrative Justice are rejected.

Article 3: This decision will be notified to SOCIETE MOSELLANE DE TRACTIONS and to the Minister of Regional Planning and the Environment.

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