A fruit and vegetable store in Val-de-Marne asked to decamp for the needs of TZen 5

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The Council of State rejected the appeal of a fruit and vegetable seller who opposed the transfer of his store for the needs of TZen 5, the dedicated bus line which will connect the 13th arrondissement of Paris to Choisy-le-Roi station (Val-de-Marne).

The Council of State remains indifferent to the explanations of the fruit and vegetable merchant

The Salis company operates the Mondial Primeurs store in Vitry-sur-Seine (Val-de-Marne) on Avenue du Président Salvador Allende under a commercial lease concluded on January 1, 2007 with the Public Land Establishment of Île-de-France (EPFIF), owner of its premises. After being dismissed by the administrative court of Melun in June 2022 then by the administrative court of appeal of Paris in November 2023, its manager Saïd X. filed an appeal before the highest French administrative court.

The “transferability” order for this plot had in fact been taken by the regional prefect and the prefect of Val-de-Marne as part of the declaration of public utility (DUP) of TZen 5 between the Grands- Moulins and Régnier-Marcailloux in Paris, Ivry-sur-Seine, Vitry-sur-Seine and Choisy-le-Roi. These “100% electric” High Level of Service Buses (BHNS) will also be interconnected with the RER C and the future Metro 15, recalls Île-de-France Mobilités.

The fruit and vegetable seller maintained before the Council of State that this order was illegal and maintained that he should have received notification of it, so that his request could not be judged “late” and therefore “inadmissible” by the courts. . He had in fact become aware of the decree on January 11, 2021 “during ongoing proceedings before the Créteil judicial court”, i.e. almost three months after the date of the decree while the deadline for appeal of such an administrative act is “two months”.

“The court (…) committed an error of law (…) in holding that the order did not have to be notified to him in his capacity as tenant and holder of a commercial lease (…) and in ruling that the notification should only be addressed to the owners,” repeated the company’s lawyer.

But “none of these means is likely to allow the appeal to be admitted”, concludes the Council of State in a judgment of October 9, 2024 which has just been made public. The TZen5 will therefore be able to pass well on the plot of the Mondial Primeurs store.

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