This pizza kiosk near Orléans can stay in place, the restaurateur wins her showdown

The summary judge of the administrative court of Orléans has just immediately closed the dispute which was beginning to arise between the city of Fleury-les-Aubrais (Loiret) and a restorer.

The latter had in fact been prevented for a time from installing its “pizza kiosk” operating “24/7” on rue Voltaire.

A kiosk that was supposed to stop operating from 10 p.m. to 7 a.m.

The 5 mars 2024the mayor (PS) of Fleury-les-Aubrais Carole Canette had in fact authorized the company Distri.nd to ” occupy the public domain« .

Except that a “stoppage of operation of the installation every day from 10:00 p.m. to 7:00 a.m. ” had however been added.

The restaurateur, who lives in Marigny-les-Usages (Loiret), then brought the matter before the interim relief judge of the Orléans administrative court on April 25, 2024 to obtain “emergency” suspension of this decision. She requested, in fact, an “authorization to operate the pizza kiosk without time restrictions« .

Half of the turnover cut by this decision

The decision (…) has the effect of preventing it from achieving more than half of its turnover and leads to particularly significant technical difficulties…

As for a possible ” moving the kiosk ” to another place without restriction, it would have cost ” around 10,000 euros » to the company, which would have “upset the economic balance” of the company.

No purpose of general interest or disturbance of public order

All the more so sinceno general interest purpose in no proven disturbance to public order ” does not seem to justify such a decision, from his point of view.

But, twenty days after the introduction of this appeal, the mayor of Fleury-les-Aubrais finally issued a new decree allowing “the installation of the pizza kiosk in the same location without operating time restrictions“, notes the summary judge of the administrative court of Orléans in an order dated May 16, 2024 which has just been made public.

The “conclusions at the end of suspension” of the order “can only be rejected”, deduces the judge.

MJ (PressPepper for Orléans news)

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