Par
Writing Paris
Published on
Jan 26, 2025 at 6:18 a.m.
The Council of State rejected the appeal of a man who had seized him in July 2024 after being claimed the reimbursement of Almost 25,000 euros By the mayor (PS) of Paris Anne Hidalgo for an “indu” active solidarity income (RSA) between January 2017 and August 2019.
Dismissed by the Paris Administrative Court
This recipient had in fact already been dismissed at first instance by the Paris administrative court, in an order made on July 29, 2024: in his request – which was not, “not signed”, had observed the judge – he ” Borne to allege that (…), given his situation, he was entitled to the RSA “and that” his wife, disabled, did not work “.
The Family Allowance Fund (CAF) had however “always verified its resources” and had “accepted”, certified this man now “retired” and for whom it is “impossible to reimburse” these 24,717.67 € He would have wrongly touched. But “to suppose established the condition of good faith, in the absence of production of the elements relating to the current resources and charges of his home, Mr. X does not allow the judge to assess his possible situation of precariousness”, had evacuated the Paris Administrative Court.
Despite this “argumentation (…) obviously not accompanied by the details allowing to assess their merits”, the applicant had therefore seized the Council of State, the highest French administrative jurisdiction.
-A fatal error before the Council of State
“It is compulsory to be represented by a lawyer in the Council of State and the Court of Cassation to introduce, before the Council of State, an appeal in cassation,” reminds him of the supreme jurisdiction in an order dated November 11, 2024 which has just been made public.
However “the appeal of Mr. X is not one of those that (…) the Code of Administrative Justice provides the obligation of representation” and “was not presented by a lawyer on the Council of State and to the Court of Cassation ”. It is therefore “inadmissible” on the form and will not be examined on the merits.
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