the temporary closure of two swimming pools in Essonne was illegal according to the courts

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Two years later, the courts finally ruled on the dispute. THE administrative court of Versailles ruled in favor of Mathieu Hilaire, opposition community councilor within the agglomeration community of Etampois Sud-Essonne, in canceling the decree who had act the closing of the swimming pools d’Étampes and d’Angerville to the strongest of the energy crisis in October 2022.

Close until energy prices “return to a sustainable level”

On October 5, 2022, the president of the agglomeration community of Etampois Sud-Essonne Johann Mittelhausser (without label) had in fact issued a decree to decide on the temporary closure of intercommunal swimming pools from the following October 8 “the time necessary for the price of energy to return to a sustainable and acceptable level”.

This decree was signed nine days after elected officials voted for a deliberation on a “modification” of the budget intercommunal with a “budgetary adjustment linked to the Fluids envelope”…

Matthew Hillaire (LFI) had therefore filed an appeal before the administrative court of Versailles on October 25, 2022 to obtain the annulment of this decision: community advisors like him “did not have the necessary information” to “enlighten” the meaning of their deliberation.

Basically, the agglomeration was not at fault in signing the decree

“The deliberative assembly was not informed and consulted on the need to close the public service of intercommunal swimming pools and did not not been able to examine other budgetary solutions”, justified the opposition elected official.

The administrative court of Versailles does not ultimately finds nothing wrong with the deliberation of the community council itself.

“It does not appear (…) from the file that the budgetary adjustment linked to the Fluids envelope (…) for an amount of 150 000 € (…) or in connection with the closure of the swimming pools (…) decided subsequently”, consider the judges in a decision dated November 4, 2024 which has just been made public.

“The plea based on the lack of information from community advisors must be discarded,” they write.

The president of the agglomeration was not authorized to sign the decree

The court, however, annulled Johann Mittelhauser's order for form problem : it “does not emerge” from the deliberation that the president had “received delegation of authority to decide on the closure of a public service”.

“In addition, the urban community does not justify any particular authorization which would have been granted to its president to issue the order”, underline the judges.

No “injunction” was ultimately made to the community to “convene an exceptional agglomeration council” by “communicating all the decisions taken by the community office and their impact on the operation of services”, as Mathieu Hilaire initially requested.

“The decree (…) having ceased to produce its effects on January 30, 2023 with the reopening of swimming poolsthis judgment does not call for any enforcement measure,” explains the administrative court of Versailles.

M.J. / PressPepper

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