This elderly couple in poor health risks being evicted in Eure-et-Loir

This elderly couple in poor health risks being evicted in Eure-et-Loir
This elderly couple in poor health risks being evicted in Eure-et-Loir

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Laurent REBOURS

Published on

June 24, 2024 at 5:26 p.m.

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The summary judge of the administrative court of Orléans (Loiret) has just dismissed a couple in their seventies.

He had in fact seized it urgently on May 5, 2024 to suspend the “public force assistance” granted by the sub-prefect of Dreux to eviction from their accommodation d’Ecluzelles (Eure-et-Loir).

A decision “undermining human dignity”

The October 12, 2023a judgment had in fact decided on the “expulsion” of this couple, D. and C. XXX, aged respectively 75 and 76 years old. The 24 avril 2024the prefect of Eure-et-Loir had therefore authorized the police to accompany a justice commissioner to implement this judicial decision.

After having referred the matter to the mediation commission “within the framework of the enforceable Right to Housing” (DID), the latter had asked the judge of the administrative court of Orléans to urgently suspend this decision. “ They are old » et « the state of health” of the husband is “degraded“, their lawyer worried… There was therefore an urgency to freeze the effects of this decision” offensive to human dignity“. His clients were demanding €1,500 to cover their legal costs.

They filed a free appeal

“The expulsion can take place from May 6, 2024,” he added in this request filed on May 5, 2024.

They filed a free appeal (…) against the decision of the sub-prefect, they appealed against the judgment rendered on February 9, 2024 by the execution judge of the Chartres judicial court and seized the first president of the Court of Appeal of Versailles of a request for suspension of the provisional execution of the judgment.

Avocates about D. and C. 30
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At the hearing, the applicants’ lawyer again stressed that “their home in Courbevoie (Hauts-de-Seine) was arrested”. “The order to leave the premises is irregular because they were not given a two-month period,” he added.

But “none of the means invoked (…) is likely to create serious doubt as to the legality of the decision » sweeps away the summary judge of the administrative court of Orléans in an order dated May 24, 2024 which has just been made public.

The request of the couple of owners was therefore rejected and they will have to pay €1,500 in legal costs to SCI Layavanthis, the real estate company of their owners.

The legality of this “public force competition” will be rejudged on its merits, by a panel of three judges, within eighteen months to two years.

MJ (PressPepper for Chartres news)

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