For the second time this year, a court has condemned the municipal decree adopted by several municipalities linked to Camping-Car Park. This municipal decree prohibits the parking of “vehicles transporting gas bottles or storing waste water”. Which is indeed a way of targeting motorhomes…
Le Monde du Camping-Car was the first to publish a series of articles on this type of municipal decree. Texts that do not designate camper vans but vehicles transporting gas and waste water… Which is a roundabout way of targeting camper vans. We had also discovered that this wording appeared in municipal decrees of municipalities that had delegated the management of their reception area to the Camping-Car Park network. This wording even appears on the land use agreement signed by certain municipalities with the company. The Camper Van Liaison Committee (CLC), an organization bringing together professionals in the sector and camper van clubs, has taken legal action to denounce some of these decrees. The Administrative Court of Nantes has just ruled in its favor, in a judgment of June 29, 2024. Already, on December 21, 2023, the Pau Court had made a similar decision regarding the decree of the mayor of Azur (in the Landes). Two municipalities with Camping-Car Park reception areas…
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What did the Brain-sur-Allonnes decree say?
Brain-sur-Allonnes is a small town in Maine-et-Loire, located near the banks of the Loire between Saumur and Bourgueil. The decree of October 5, 2020 prohibits ” parking of vehicles storing waste water and gas bottles » from April to October and day and night, except « in places where there are systems for collecting these effluents. “In short, it is only possible to park on the Camping-Car Park area of the municipality. The arguments put forward by the municipality concern cleanliness and safety, the presence of remarkable natural sites on the territory of the municipality, the risk for plant and animal species in the event of pollution. Another element invoked concerns the size of the parking spaces and the risk of spreading fires linked to gas on traditional spaces, while the area includes plots of more than 5 m wide.
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Bans: Is it really the fault of the nuisances?
The court’s arguments for demanding the annulment of the order
The Court refers several times in its ruling to camper vans and other converted vehicles. The judges also mention ” the nuisances caused by these vehicles which are inherent to their size and to the fact that they are designed both to transport people and to allow them to sleep and eat on site” The Judgment nevertheless notes: ” that no incidents are reported, such as the start of a fire or a collision, which would have already been caused in the town centre by a camper van”. The judges therefore consider that the ban falls within the scope of a ” excessive generality ». The town hall cited the problems posed by the reception of motorhomes during various local events (bakers’ race, spring festival, Saint Maurille festival, etc.). But to conclude that these events are one-off and do not justify banning parking for 7 months.
What conclusions can be drawn?
First, it is very curious that several municipalities that have entrusted their reception area to Camping-Car Park adopt similar municipal decrees. Especially since Camping-Car Park is a commercial enterprise, and the Brain-sur-Allonnes decree directly directs camper vans to the area. But the court does not point out this coincidence.
On the other hand, it confirms a decision already taken by the Administrative Court of Pau on December 21, 2023, which condemned the decree of Azur (Landes) relating to the ” vehicles transporting gas bottles or storing waste water”.
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