TARIFFS AND EQUALITY FOR USERS OF PUBLIC SERVICES LEGAL
LexInter | September 19, 2003 | 0 Comments

TARIFFS AND EQUALITY FOR USERS OF PUBLIC SERVICES LEGAL

REQUEST BY SIEUR DENOYEZ [HUBERT] FOR THE ANNULMENT OF THE JUDGMENT OF JUNE 7, 1972 BY WHICH THE ADMINISTRATIVE TRIBUNAL OF POITIERS REJECTED ITS REQUEST DIRECTED AGAINST THE DECISION OF JUNE 3, 1971 OF THE PREFECT OF THE CHARENTE-MARITIME REFUSING ON PART OF MAKE IT BENEFIT FROM THE TARIFF APPLIED TO THE INHABITANTS OF THE ISLAND OF RE BY THE DEPARTMENTAL AUTHORITY OF WATER PASSAGES, ON THE OTHER HAND, TO RETURN TO IT AN OVERPRIVE OF THE PRICE SINCE 1964 AND FINALLY ABROVE THE TARIFF FOR CARDS OF ‘ SUBSCRIPTION IN FORCE SINCE JANUARY 1972 ON THE LA PALLICE-SABLANCEAUX LINK, TOGETHER WITH THE CANCELLATION OF THE SAID DECISION AND OF THE “SUBSCRIPTION” TARIFF OF 1972;
REQUEST OF SIEUR CHORQUES [EDOUARD] FOR THE ANNULMENT OF THE JUDGMENT OF JUNE 7, 1972 BY WHICH THE TRIBUNAL REJECTED ITS REQUEST DIRECTED AGAINST THE DECISION OF OCTOBER 27, 1971 OF THE SAME PREFECT REFUSING TO GRANT IT THE BENEFIT OF THE TARIFF APPLIED TO THE RESIDENTS ‘ILE DE RE BY THE DEPARTMENTAL REGIE OF WATER PASSAGES, TOGETHER WITH THE CANCELLATION OF THE SAID DECISION; IN VIEW OF THE ORDER OF JULY 31, 1945 AND THE DECREE OF SEPTEMBER 30, 1953; THE GENERAL TAX CODE;
WHEREAS THE ABOVE-REFERRED REQUESTS FROM SIEUR DENOYEZ AND SIEUR CHORQUES PRESENT TO JUDGE THE SAME QUESTION; THAT IT IS NECESSARY TO JOIN THEM IN ORDER TO BE STATUSED THERE BY A SINGLE DECISION;
ON THE CONCLUSIONS OF THE REQUESTS TENDING THE ANNULMENT OF THE DECISIONS OF THE PREFECT OF CHARENTE-MARITIME: CONS. THAT SISTERS DENOYEZ AND CHORQUES, ALL TWO OWNERS IN THE ISLAND OF RE OF HOLIDAY RESIDENCES, HAVE ASKED THE PREFECT OF THE CHARENTE-MARITIME TO TAKE ALL ARRANGEMENTS FOR THE DEPARTMENTAL AUTHORITY OF WATER PASSAGES, WHICH OPERATES THE SERVICE OF WATER BINS LINKING THE PALLICE TO SABLANCEAUX [ILE DE RE], THEIR APPLIES DORENNO EITHER BEFORE THE GENERAL RATE BUT EITHER THE REDUCED RATE RESERVED FOR THE INHABITANTS OF THE ISLAND OF RE, OR, Failing this, the rate granted to the inhabitants of the Charente-Maritime ; WHEREAS, BY TWO DECISIONS, DATED 3 JUNE AND 27 OCTOBER 1971 RESPECTIVELY, THE PREFECT REFUSED TO GIVE SATISFACTION TO THESE REQUESTS; THAT, BY THE ATTACKED JUDGMENTS,
CONS. THAT THE MERIT OF THE CONCLUSIONS OF THE REQUESTS IS SUBJECT TO THE LEGALITY OF THE THREE SEPARATE TARIFFS ESTABLISHED, ON THE LINK BETWEEN PALLICE AND THE ISLAND OF RE, BY THE GENERAL COUNCIL OF THE CHARENTE-MARITIME AND PUT INTO FORCE BY A PREFECTORAL DECREE OF 22 MAY 1970;
CONS. THAT THE FIXING OF DIFFERENT TARIFFS APPLICABLE, FOR THE SAME SERVICE PROVIDED, TO VARIOUS CATEGORIES OF USERS OF A SERVICE OR A PUBLIC WORK INVOLVES, UNLESS IT IS THE NECESSARY CONSEQUENCE OF A LAW, EITHER THAT ‘ THERE ARE APPRECIABLE DIFFERENCES IN THE SITUATION BETWEEN USERS, EITHER A NECESSITY OF GENERAL INTEREST IN RELATION TO THE CONDITIONS OF OPERATION OF THE SERVICE OR OF THE WORK ORDERING THIS MEASURE;
CONS., ON THE ONE HAND, THAT THERE EXISTS BETWEEN PEOPLE PERMANENTLY RESIDING IN THE ISLAND OF RE AND THE INHABITANTS OF THE CONTINENT AS A WHOLE, A DIFFERENCE OF SITUATION SUCH AS TO JUSTIFY THE REDUCED PASSAGE TARIFFS APPLICABLE TO THE INHABITANTS OF THE ISLAND; ON THE OTHER HAND, PERSONS WHO HAVE A SINGLE ACCOMMODATION RESIDENCE IN THE ISLAND OF RE CANNOT BE REGARDED AS FULFILLING THE CONDITIONS JUSTIFYING THEIR APPLY TO A PREFERENTIAL REGIME; WHEREAS, THEREFORE, THE APPLICANTS ARE NOT FOUNDED TO CLAIM THE BENEFIT OF THIS SCHEME;
CONS., ON THE OTHER HAND, THAT THERE IS NO NEED OF GENERAL INTEREST, NOR ANY DIFFERENCE OF SITUATION TO JUSTIFY SPECIAL TREATMENT TO BE GRANTED TO INHABITANTS OF CHARENTE MARITIME OTHER THAN THOSE OF THE ISLAND OF RE ; THAT THE FINANCIAL CHARGES BORN BY THE DEPARTMENT FOR THE PLANNING OF THE ISLAND AND THE EQUIPMENT OF THE BACS SERVICE CANNOT, IN ANY CASE, GIVE A LEGAL BASIS FOR APPLICATION TO THE INHABITANTS OF THE CHARENTE MARITIME D ‘ A PASSAGE RATE DIFFERENT FROM THAT APPLICABLE TO USERS RESIDING OUTSIDE THIS DEPARTMENT; WHEREAS, THEREFORE, THE GENERAL COUNCIL COULD NOT LEGALLY ESTABLISH A SPECIAL TARIFF FOR THE INHABITANTS OF THE CHARENTE-MARITIME USING THE BACS SERVICE TO GET TO THE ISLAND OF RE; THAT, THEREFORE, SISTERS DENOYEZ AND CHORQUES CANNOT USE ANY ILLEGAL PROVISIONS OF THE PASSAGE TARIFF TO REQUEST THE BENEFIT; WHEREAS THEY ARE NOT, THEREFORE, ON THIS POINT, GROUNDS FOR A COMPLAINT THAT, BY THE ATTACKED JUDGMENTS, THE ADMINISTRATIVE TRIBUNAL OF POITIERS REJECTED THEIR APPLICATIONS;
ON THE OTHER CONCLUSIONS OF SIEUR DENOYEZ’S COMPLAINT: CONS., ON THE ONE HAND, THAT THE CONCLUSIONS FOR INDEMNITY AND THE CONCLUSIONS TENDING THE REIMBURSEMENT OF THE OVERCOME THAT SIEUR DENOYEZ IMPUTS ON THE APPLICATION OF THE TARIFFS TO HIM IN FORCE CANNOT, AS A RESULT OF WHAT HAS BEEN SAID ABOVE, BE ACCEPTED;
CONS., ON THE OTHER HAND, THAT THE CONCLUSIONS TENDING TO THE CANCELLATION OF THE SUBSCRIPTION RATES ESTABLISHED FOR THE YEAR 1972 WERE PRESENTED FOR THE FIRST TIME IN APPEAL; THAT THEY ARE, THEREFORE, INADMISSIBLE … [DISMISSAL WITH COSTS].

Leave a Comment

Your email address will not be published.


CAPTCHA Image
Reload Image