Key facts of the case - The city council had decided to display a crucifix in the deliberation room of the City hall. The applicant brought before the administrative court of Nantes the mayor’s decision of refusal to remove the crucifix on the ground that the presence of this religious symbol is in breach of the freedom of conscience. His appeal was rejected (1997). The 1997 judicial decision was annulled in a first case of 1999 by the administrative court of appeal of Nantes, according to which the presence of the symbol of the Christian religion in a public space is in breach of Article 28 of the December, 9th 1905 Act. Moreover, the court deemed that the city council can not argue that it corresponds to a local tradition. The applicant lodged an appeal before the same court so that the 1999 decision is applied.

Main reasoning of the court - Given that the city of Vallet had, after the case of 1999, removed the crucifix of the wall to place it in a permanent exhibition in the city hall as an element of the local cultural heritage, the crucifix may not anymore be considered as a religious symbol under Article 28 of the December 9th, 1905 Act.
Accordingly the decision to maintain the crucifix in a public room abides by the provisions of the December 9th, 1905 Act forbidding the religious symbols on the public buildings. The appeal is rejected.

See the decision: Administrative Court of appeal of Nantes, 2001-04-12, n. 00NT01993.