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1988-03-09 - Council of State

State support · Belgium · Faith-Based Organisation

Seminaries have a public status of administrative authorities and their decisions on managing their properties fall under the jurisdiction of the Council of State

Key facts of the case - A building is given to a seminary. One of the tenants wanted to buy these buildings. For this reason, he made an offer to the seminary. Another person offered more money and the seminary agreed on it. The claimant lodged an appeal with the Council of State.

Main reasoning of the Court - According to the seminary, the Council of State was not competent in this case to revoke the seminary’s decision because the seminary is not an administrative authority.
On the contrary, the claimant held that seminaries are administrative authorities under Belgian Law. They are public establishment with legal personality, mission of general interest with administrative tasks based on the Belgian law.
The Council of State followed the arguments of the claimant and rejected this objection to jurisdiction.
However, the decision of the seminary was not yet approved while the Council of State was only competent for final decisions. The claim was rejected.