The administrative court plays extensions in the A69 case

They expected anything but that. Monday, December 9, after eighteen months of legal battle, opponents of the Castres-Toulouse motorway link learned, astonished, that the administrative court of Toulouse had chosen to reopen the investigation in the A69 case. The reason? A few days earlier, the prefectures of Haute-Garonne and Tarn sent the court “notes under deliberation” justifying delving into the case again.

Concretely, the State proposed to reduce the price of the toll by 33%, by massively subsidizing the project. Gathered at a press conference a few hours after the announcement, the co-applicant associations did not hide their dismay: “We thought we were set on the end of the match and we found ourselves with unwanted overtime,” summed up Thomas, member of the National Tree Monitoring Group (GNSA).

“It’s a totally scandalous non-decision in view of the demonstration of the public rapporteur”, sighed alongside him Jean Olivier, president of Friends of the Earth Midi-Pyrénées.

During the hearing on November 25, the public rapporteur – independent magistrate supposed to inform the court’s decisions – Mona Rousseau had in fact recommended canceling the environmental authorization of March 2023, due to the absence of “compelling reason to “major public interest (RIIPM)”, which allows the destruction of protected species.

Taking up the arguments supported by environmental activists for years, the magistrate considered that it was excessive to speak of Castres being isolated, the city in fact benefiting from a train station and an international airport. She also challenged the idea that a motorway would enable the economic development of the Castres-Mazamet basin.

Finally, the public rapporteur stressed that the project risked making the RN126 more accident-prone. The construction of the motorway plans to integrate the two diversions around Soual and Puylaurens, and will therefore force motorists using the national road to pass through these villages.

An expensive project

Opponents stressed that the possible reduction in the toll price did not have to be taken into account in the application for environmental authorization. The prefectures themselves specified this in their decree of March 2023. “They then considered that the toll rate was a consideration external to the legalization of the project,” explains Gilles Garric, member of the La Voie Est Libre (LVEL) collective.

“The administrative court decides to devote time to ruling on a fact that the public rapporteur had herself dismissed, considering that it was not an essential element for the imperative reason of major public interest. Who are we kidding? “, denounce the opponents in a press release.

Ultimately, the public authorities therefore plan to spend several hundred million euros to save the motorway link project. “What matters is that this project can be completed », thus assumed the resigning Minister of Transport François Durovray on December 12. An incomprehensible fact for opponents:

“While the state coffers are empty, a resigning ministry is committing public funds to a project that the General Investment Commission has nevertheless declared to be at risk. We are persisting on a useless project which is a failed basket », chokes Gille Garric.

Does this at least mean that the highway will be accessible to as many people as possible? Here again, opponents denounce a deception: the 33% rebate on the toll will in reality only apply over around ten kilometers, around the villages of Soual and Puylaurens. According to calculations by environmental activists, motorists will therefore save 42 cents… Out of a total amount of 9 euros.

Race against time

The court now mentions a possible hearing in “several months”, without further details. “We clearly discern a maneuver aimed at gaining time for the continuation of the work and passing in force”denounce the opponents, who cannot appeal.

A race against time is therefore well and truly underway. According to the concessionaire Atosca, the project must be completed at the end of 2025. Currently, 50% of the earthworks have already been carried out as well as 70% of the engineering structures. Opponents nevertheless point out that no concrete has yet been poured and that the asphalt plants are still not operating. According to them, the project would therefore only see the light of day in the summer of 2026.

In the immediate future, opponents are considering emergency legal means to stop the work. So far, all of their suspension appeals have been dismissed. Could things be different this time?

“It will now be necessary for the judge to justify why he opposes the opinion of the public rapporteur. Good luck to him! », wants to believe Thomas Digard, from The Way is Free.