Conseil d'Etat — General Part — Principles and norms to which public services and authorities are subjected — General

Date Citation Note
29.11.2002 Case Assistance publique v. Hôpitaux de Marseille Although a decision of the administration obtained by fraud does not create rights and can be withdrawn or cancelled by the competent authority, even if the withdrawal period under the general law has expired, it is the duty of all administrative authorities, as the case may be, to respect all the legal consequences of this decision as long as it has not been terminated.
06.11.2002 Case Mme S An administrative decision granting a financial advantage creates rights in favour of the beneficiary.
However, the benefit of an advantage subject to a condition may be called into question for the future from the moment such condition is no longer fulfilled.
28.06.2002 Case V The creation by the law of 15 November 1999 of agreements for civil union (“pacte civil de solidarité”) requires the authority empowered to make regulations to bring up to date, within a reasonable period, the body of texts relating to advantages granted to civil servants by reason of their matrimonial status, in order to remove the manifestly disproportionate treatment existing between agents who are married and those who have entered into an agreement for civil union.
27.10.1999 J.C.P.1999, N., 1764 Case Commune de Houdan c. Mme Lhemery The administrative courts cannot rely on parliamentary materials to interpret a statute except where the provisions of the statute are obscure.
26.03.1999 R.F.D.A May-June 1999, 15 (3), 545 Case M. Villegas Where the notice of an administrative decision arises after an unusually long time - unrelated to the applicant's behaviour - such a notification is equivalent to a new decision insofar as the first decision can no longer be served.
05.03.1999 A.J.D.A. 1999, 420 Case Confédération nationale des groupes autonomes de l’enseignementpublic Documents attached to a statute have no legislative value.
05.03.1999 R.F.D.A. March-April 1999, 15 (2), 357 Case M. Rouquette et Mme Lipietz et autres A report which is attached to a statute has no legislative value even if its existence and its content are provided by legislation which organizes an institution or an area of law.
03.11.1997 Rec., 406 Case Million and Marais Administrative law and the law of competition
24.10.1997 Rec., 372 Case Association locale pour le culte des témoins de Jéhovah de Riom To be considered as a religious association within the meaning of the of 9 December 1905 Act, an association must have religious practice as its exclusive purpose and cannot have activities against public order.
06.12.1996 Rec., 466 Case Société Lambda Administrative law and penal law
03.07.1996 Rec., 255 Case Koné Fundamental principles recognised by the laws of the Republic
05.05.1994 Rec., 133 Case Dame Veuve Trampier-Gravier General principles of the rights of the defense
28.06.1918 S. 1922, III, 49
Case Heyries
Principles and norms to which public services and authorities are subjected are less stringent in times of exceptional circumstances.