Composition de la juridiction Président M. BRUMEAUX Rapporteur Mme Sophie COLRAT Page 3 sur 3

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Cour administrative d'appel de Versailles - 19.10.2017

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Case Description: The case centers on a deliberation passed by the municipal council of Bondy on June 24, 2016, which called for a boycott of products originating from Israeli settlements. The National Bureau of Vigilance Against Antisemitism (BNVCA) sought to annul this deliberation, arguing that such a boycott call is illegal. In the first instance, the Administrative Tribunal of Montreuil rejected the BNVCA's application as inadmissible. The tribunal noted that the BNVCA had failed to produce the actual text of the contested municipal deliberation, even after being formally requested to do so by the court registry. The BNVCA then appealed this dismissal to the Administrative Court of Appeal of Versailles. The BNVCA contended that the deliberation established a discriminatory practice in violation of Articles 225-1 et seq. of the French Penal Code. However, the primary legal issue before the Court of Appeal was procedural: whether the BNVCA's failure to provide the contested document in the first instance could be corrected during the appeal process. The Court of Appeal upheld the lower court's finding of inadmissibility. It cited Article R. 412-1 of the Code of Administrative Justice, which mandates that a legal challenge must be accompanied by the contested act, except in cases of justified impossibility.

l'article R. 412-1 du code de justice administrative; discrimination qui viole les articles 225-1 et suivants du code pénal

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Geolocation

Latitude: 48.80366134643555

Longitude: 2.1566944122314453

cour-administrative-appel-versailles-19-octobre-2017-n-16ve03106.pdf
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