Décision judiciaire de Conseil d'Etat, 26 novembre 1971 (cas Conseil d'Etat, Section, du 26 novembre 1971, 77389)
Date de Résolution | 26 novembre 1971 |
Juridiction | Council of State (France) |
Nature | Décision |
REQUETE DE LA SOCIETE MARSEILLAISE DE CREDIT S.M.C. DONT LE SIEGE SOCIAL EST A MARSEILLE, TENDANT A L'ANNULATION D'UN JUGEMENT DU 18 DECEMBRE 1968 DU TRIBUNAL ADMINISTRATIF DE NICE, STATUANT SUR UN RECOURS EN INTERPRETATION DE LA VILLE DE TOULON EN TANT QUE LEDIT JUGEMENT A DECLARE QUE LES STIPULATIONS DE LA CONVENTION PASSEE ENTRE LA VILLE DE TOULON ET LA S.I.M.A. POUR LE TRAITEMENT DES ORDURES MENAGERES AVAIENT POUR CONSEQUENCE QUE LES BIENS FAISANT PARTIE DE L'EXPLOITATION DU SERVICE PUBLIC SONT, EN CAS DE DECHEANCE, MIS A LA DISPOSITION DE LA VILLE, LA S.I.M.A. POUVANT SEULEMENT OBTENIR UNE INDEMNITE EGALE A LA VALEUR DE CES BIENS, DEDUCTION FAITE DES AMORTISSEMENTS ;
VU L'ORDONNANCE DU 31 JUILLET 1945 ET LE DECRET DU 30 SEPTEMBRE 1953 ;
SANS QU'IL SOIT BESOIN D'EXAMINER L'AUTRE MOYEN DE LA REQUETE : - CONSIDERANT QUE, SAISI PAR LA VILLE DE TOULON D'UNE DEMANDE EN INTERPRETATION DE L'ARTICLE 17 DU CONTRAT EN DATE DU 1ER AVRIL 1952 PASSE ENTRE LA VILLE ET LE...
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