Article L2333-87-2 of the French General Code of Local Authorities
November 8, 2023
The Commission du contentieux du stationnement payant rules on appeals against individual decisions relating to parking charges.
The Commission du contentieux du stationnement payant rules on appeals against individual decisions relating to parking charges.
The Commission du contentieux du stationnement payant is made up of a chairman and active or honorary magistrates from the administrative courts and administrative courts of appeal. It may also include active or honorary magistrates from the judiciary. The magistrates on the commission are divided between permanent and non-permanent members.
Decisions of the Commission du contentieux du stationnement payant are handed down by the chairman of the commission or by a magistrate appointed by him, who rules alone. The chairman of the commission or the magistrate designated by him may, where the question raised justifies it, decide to include the case on the roll of a collegiate body.
During the investigation, exchanges between the court and the municipality, the public establishment for inter-municipal cooperation or the mixed syndicate may take place electronically under conditions defined by regulation. .
Complaints may not be lodged with the Commission du contentieux du stationnement payant on the grounds of : 1° The illegality on formal or procedural grounds of the deliberation instituting, on the basis of article L. 2333-87, a parking charge; 2° The illegality of the act by which, where applicable, the collection of the parking charge was delegated by the local authority to a third party.
The court shall order the losing party to pay the other party the sum it determines, in respect of costs incurred and not included in the costs. The parties may produce evidence of the sums they claim and the judge shall take into account the equity or economic situation of the party ordered to pay. He may, even of his own motion, for reasons based on the same considerations, declare…
Where its decision necessarily implies that the local authority, public establishment for inter-communal cooperation or joint association concerned must take an enforcement measure, the Commission du contentieux du stationnement payant may, even of its own motion, issue an injunction against it, accompanied, where appropriate, by a penalty payment.
Before ruling on an application that raises a new question of law, presents a serious difficulty and arises in numerous disputes, the Commission du contentieux du stationnement payant may, by a decision that is not subject to appeal, refer the case file to the Conseil d’Etat, which shall examine the question raised within a period of three months. Any decision on the merits of the case is deferred until the…
The provisions of article 10 of law no. 91-647 of 10 July 1991 relating to legal aid are not applicable to appeals submitted to the commission du contentieux du stationnement payant.
The detailed rules for the application of this sub-section shall be laid down by decree in the Conseil d’Etat.
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75001, Paris France
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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