Home > Public space > France > 2011-01-10 - Council of State, Mr Antoine A., n. 333393

2011-01-10 - Council of State, Mr Antoine A., n. 333393

Public space · France · Place of worship

An alley along a place of worship is not part of it and hence of the public domain

Key facts of the case - The applicant, Mr. Antoine A., is a priest assigned to the use of chapel Saint-Guillaume in the city of Saint-Brieuc. The place of worship is included in the public domain belonging to the city. The company managing a hotel-restaurant close to the place of worship has placed stairs baring the alley, which constitutes the sole outdoor access to the chapel. Mr. Antoine A. lodged an appeal with the administrative Court of Rennes to have an immediate evacuation of this alley on the ground that it is illegally occupied. His appeal was dismissed.

Main reasoning of the court - The Council of State decided that the applicant was not qualified to appeal. Indeed, he is assigned to the use of the place of worship only. Now, the alley is not considered as included in the religious public domain constituted by the chapel.
Accordingly, the appeal of Mr. A. is dismissed.

See the decision: Council of State, Mr Antoine A., 2011-01-10, n. 333393.