After five years of combat in the field of administrative justice, the company Parc éolien d'Argenteuil did not win its case in its project to build seven wind turbines and a delivery station. His preliminary procedure for admitting the cassation appeal was rejected by the Council of State.
The sixth chamber of the litigation section of the Council of State rejected, Friday October 18, 2024, the appeal of the company Parc Éolien d'Argenteuil, with regard to the Argenteuil-sur-Armançon wind farm project.
For five years, the company has been fighting in the field of administrative justice to try to reverse the decision of the prefect of Yonne who, in October 2019, refused it the permit to build seven wind turbines and a delivery station.
Last resort exhausted
After a new negative judgment from the Lyon administrative court of appeal issued in January 2024, the company tried, on September 19 in Paris before the magistrates of the Council of State, to convince of the compatibility of its project with the landscape surrounding area in general and the Ancy-le-Franc castle in particular.
But the Council of State ultimately refused the preliminary procedure for admission to the company Parc Éolien d'Argenteuil, considering that none of the three means developed by the said company were admissible: the irregularity linked to the signature of the president the rapporteur and the court clerk; the error of law, by limiting itself to assessing the effect of visual saturation of the project, and the distortion of the documents in the file, by judging that the effect of visual saturation hindered the issuance of the requested authorization. But for the Council of State, none of these means is likely to allow admission to the appeal.
From now on, the Parc Éolien d’Argenteuil company has exhausted all possible recourses. The initial decision of the Yonne prefecture to refuse building authorization is therefore validated.
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