In November 2023, Nice-Matin revealed that the Régie Parc Azur was preparing to commission a monumental sculpture of Joan of Arc to adorn the parking lot. A 170,000 euro contract awarded, without advertising or competitive bidding, to the Missor workshop, a group of artists renowned for its links with the identity movement. A choice defended at the time by the parking assistant and president of the metropolitan authority who refuted any ideological connotation. For Gaël Nofri, there was “no room for controversy”.
The new prefect of the Alpes-Maritimes, Hugues Moutouh, estimated, four months later, that there was still reason to question the legality of this public order. An appeal was lodged in February 2024 before the administrative court. If justice quickly dismissed the urgent nature of the request, it has nevertheless just ruled on the merits. Confirming the fears of state services.
“No particular artistic reason”
By an order issued this Tuesday, January 14, 2025, the magistrates decided to purely and simply cancel the design-construction contract for this monumental statue which now adorns the entrance to the Joan of Arc car park.
The court justifies its decision by considering that “the conditions provided for by 1° of article R.2122-3 of the public procurement code allow the buyer to exempt himself from the advertising and competitive bidding procedure “preliminary conditions were not met”.
“Defect of particular gravity”
In other words there were no “particular artistic reasons” justifying that “the creation of a monumental bronze sculpture of Joan of Arc in the public parking lot of the same name be entrusted exclusively to Atelier Missor” .
The court even considers that this “failure committed by the contracting authority with its obligations of publicity and competitive bidding, which relates to the choice of the co-contractor, constitutes a particularly serious defect” and therefore annuls the contract.
“Disassembly and refund”
Obviously, the Régie Parc Azur and its main shareholder the Métropole Nice can challenge this decision on appeal. But even if they choose this avenue of appeal “it does not suspend” the decision rendered at first instance, specify the State services at the origin of the appeal: “the cancellation of this contract retroactively ends to the contract”.
The Régie will have to comply with the terms of the judgment, which implies “the dismantling of the statue and the reimbursement by the service provider of the sums paid to it”, announces the prefecture which intends to send “a letter” to the Régie Parcs d'Azur “to remind her that she must execute the judgment without delay.”
On the other hand, to the question of whether it now intends to contact the public prosecutor to ask him to open a criminal investigation into the conditions under which this order was placed, the prefecture responds soberly that “at this stage, not no further action is envisaged.
