By Writing Alençon
Published on
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The tribunal administrative Caen just canceled ” Orne rebound“, This device of the Orne Departmental Council to come to the financial support of very small companies ornaises (TPE) affected by the health situation.
The judges have thus proved right, this Wednesday, March 24, 2021, at the prefecture of the department which had pointed out incompetence.
More than 1000 traders, artisans and small businesses
“A boost of more than 2.65 million euros. This is what the Department promised by announcing, in May 2020, the payment of aid of € 500 to more than 1,000 traders, artisans and small businesses in difficulty.
Aid is well granted
The Orne Department states that the decision of the administrative court “did not call into question the aid to the beneficiaries, since this aid could be granted as social assistance. As a result, traders, artisans and TPE did get help. “
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This aid plan had been launched the previous month. The Departmental Council then established an initial list of beneficiaries and decided to expand it to those having obtained state aid.
The Orne prefecture, which called for the cancellation of all of these deliberations, argued in particular that aid to businesses fell within the “exclusive competence” of the Regional Council.
The opposing party considered that this exclusivity was limited to economic development alone.
More social than economic action?
However, according to the Department, “Orne rebond” was not dedicated to the creation or development of businesses but rather fell within the scope of social action, one of its skills.
The sustainability of these companies is considered “essential” from a social point of view.
Not a competence of the department
Referring to the General Code of Local Authorities, the judges made another reading.
For them, the device in dispute, “which establishes direct aid to VSEs, does not come within the jurisdiction of the Departmental Council and interferes with the powers of the Region”.
Possible on condition of signing an agreement with the State
The court noted, however, that the national solidarity fund, set up last year, allows the contribution of local authorities who wish to allocate additional and indirect aid.
Provided that an agreement is concluded in due form with the State, which was not the case here.
As the public rapporteur had recommended, during the hearing on March 4 in Caen, the court canceled the device.
SH (PressPepper)
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