Vendée: the former operator of the La Guérinière camp will have to pay 2 million euros

Vendée: the former operator of the La Guérinière camp will have to pay 2 million euros

Camping La Guérinière. © DR

The Administrative Court of Appeal in Nantes dismissed the former operator of the La Guérinière (Vendée) municipal camp, which asked him to cancel the hearing of the municipal council that in August 2018 “regularized” the management created to take over the direct management of the institution.

Recalling the facts

To recall, in this long legal soap opera, the simplified joint stock company (SAS) Les Moulins – headed by Alain-Dominique Perrin, the former head of the luxury group Cartier – was expelled from the management of the camp “for its exclusive injustices in February 2015 by the former of the municipal team of the mayor of La Guérinière, Marie-France Léculée.

The company, however, later won almost all of its court cases with the municipality, until a ruling by the Council of State completely changed the cards in July 2020.

In the only part of the leadership, the council that was attacked thus followed the cancellation, by the same administrative court in Nantes, of a previous similar deliberation voted in 2015. The same administrative court in Nantes finally confirmed this second deliberation, voting on 02/08/2018 with with the goal of legal “regulation” of management.

The 2 million euro question

Therefore, based on this new deliberation, the municipality continues to claim €2 million from SAS Les Moulins for its “operational losses” following the direct takeover of the municipal camp. “The company is not taking legal action out of altruism: if it persists against this deliberation, it is because there is a parallel dispute before the judicial tribunal of Sables-d’Olonne,” his lawyer insisted during a hearing in November. 15, 2022.

“No interest in acting”

“There is a real question behind it, a question of 2 million euros: just last week the company received an official notification to pay this sum! If you cancel the consultation, the municipality can no longer ask for it,” said Delphine Liébaux (Genesis Avocats).

But the Nantes Administrative Court of Appeal ultimately found that SAS Les Moulins “has no interest in acting” on this aspect of the case, that is, the legal legitimacy to attack the hearing. “In order to justify its interest in challenging the deliberations (…) SAS Les Moulins claims (…) that it needs a court (…) to decide the question of the validity of the management, which would be at the heart of the question of the legality of the executive titles that contested before the court judge (…) up to 2 million euros for the years 2015 to 2019,” the court summarizes in the judgment of December 2, 2022, which was just published.

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‘no evidence’

“However, the dispute before the court judge concerns a separate case, the relationship of which with the subject of consideration that is contested here is not direct enough to provide an interest in the proceedings”, according to the judges from Nantes. SAS Les Moulins, however, took advantage of the fact that “it is still likely to carry out economic activities within the geographical scope of the management of the La Court municipal camp”, arguing that it “still owns a building directly opposite the camp” which it rents out “for seminars and other events”.

No management challenge possible

She also “owns a parking lot that’s been subleased all summer for a pizza food truck,” she reminded the judges. But, “it does not establish the reality of its allegations, which are disputed by the municipality of La Guérinière, nor how such a situation would give it a direct and certain interest to challenge the creation of (…) administration”, according to the summons of the Administrative Court. “While she claims (…) that her activity would be suspended due to the fact that the municipality (…) would not pay her the amounts she thinks she can claim, she again does not provide any convincing evidence that would characterize the existence of a direct link between of the subject of deliberation (…) and this alleged situation”, according to the court.

“SAS Les Moulins – which, moreover, has its headquarters in Paris and which does not provide more details about its activities – does not justify that the consideration (…) probably (…) could sufficiently harm its interests, in particular economically, directly and safely. »

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