Par Editorial Lille
Published on 23 Sep 23 at 9:56 See my news Follow Lille News In Valenciennes (North), a resident was fined 500 euros for abusive appeal against the town hall. ©Illustration/Wikimedia Commons
The summary judge of the administrative court of Lille condemned a resident of Valenciennes (North) for “abusive recourse”, after the latter once again referred his dispute with the town hall but still without “providing any justification for the ‘urgency’ that his request would present. He will have to pay 500 euros.
He wanted the full reports on his residence
The applicant had in fact requested on March 24, 2023 that the city of Valenciennes produce “all the reports in its possession” concerning “his residence located at 39 avenue de Saint-Amand and 19 rue Barbe-Parent” but also “the entirety of his correspondence with the owners of his residence”, with “€1,000 penalty per day of delay”.
However, “the judge may impose a fine on the author of a request that he considers abusive, the amount of which cannot exceed €10,000”, provides the Code of Administrative Justice (CJA). However, these provisions remain rarely applied in French administrative courts, so as to “not restrict access to the courtroom” of the most disadvantaged litigants.
The same code of administrative justice also authorizes a judge to “reject a request without instruction or hearing” when the “urgency condition” required by the summary procedure “is not met”.
In this case, “in support of his conclusions (…), Mr. XXX does not mention any urgency to pronounce such a measure”, annoys the judge in an order dated September 1 2023 which has just been made public. And his request “aims for exactly the same purposes as his previous request registered on October 27, 2022, rejected (…) on the grounds that the person concerned does not state any urgency in pronouncing the requested measure”, recalls the magistrate.
“This presence request, in support of which (…) the applicant persists in providing no justification for the urgency, thus presents an abusive nature”, concludes the Lille magistrate.
It was therefore rejected and its author will have to pay a fine of €500 to the Public Treasury.
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