“Administrative Court Cancels Subsidy to Hunting Society in Coulouvray-Boisbenâtre Due to Conflict of Interest”

The Administrative Court of Caen canceled, at the request of the elected opposition representative Tony Bodelle, the deliberation of the municipal council of Coulouvray-Boisbenâtre (Manche) which had granted in March 2021 a subsidy of 100 € to the hunting society of the municipality.

“The Interests of the Residents”

The applicant had also asked the Caen judges to cancel the subsidy for 1 685 € which had been allocated to the festival committee, on the occasion of the same session of the municipal Councilbut they did not follow it this time.

“Are illegal the deliberations in which one or more members of the council interested in the case which is the subject of it took part”, effectively provides in a general way the general code of the territorial communities (CGCT).

“The festival committee pursues objectives that merge with the interests of the generality of the inhabitants of the commune”, explains the Administrative Court of Caen in a judgment dated May 12, 2023. “Their presidents, treasurers or project managers are therefore not, in this capacity, interested in matters concerning these associations”.

The result under influence

“On the other hand, the hunting societyof which the mayor (…) is the president, although non-profit, pursues objectives which are not to be confused with the interests of the general population“, Consider the Caen judges. This association has in fact given itself the mission, among other things, of “developing game” and “regulating pests”.

However, in this case, the mayor Daniel Tourgis “participated in the debate and the vote on the contested deliberation”. “Therefore, the mayor, who was interested in the vote for this subsidy, must be regarded as having influenced the result”, they deduce.

Under these conditions, the municipality of Coulouvray-Boisbenâtre will not have the €1,000 it requested for this “abusive procedure” and the additional €1,500 it requested for its legal costs. But there is “no reason” to order her to pay the €1,500 that Tony Bodelle asked her for the same reason.

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