Home > State support > France > 1926-12-24 - Council of State, Sieur Empereur, n. 83.671

1926-12-24 - Council of State, Sieur Empereur, n. 83.671

State support · France · Funding · Place of worship

Possibility to fund the works of preservation of a place of worship belonging to a city

Key facts of the case - The applicant is a tax payer of the city of Sainte-Foy-Tarentaise. He argues that the city council decision to fund the restore works of the catholic place of worship of the town is illegal.

Main reasoning of the court - Pursuant to article 13 of the December 9th, 1905 Act taken in conjunction with article 5 of the April 13th, 1908 Act related to the allocations of goods and notably of place of worship in the absence of religious associations, the cities (les communes) might to maintain and preserve the places of worship they legally own.
In the case at hand, the church was partially deteriorate and accordingly constituted a serious danger for public safety. The works planned by the city council only aimed at maintaining an element of the city heritage and did not exceed what is authorized by the above mentioned legal provisions. Accordingly, the decision authorizing those works is lawful.