Re Maire d'Auboue

JurisdictionFrance
Date13 juillet 1967
CourtAdministrative Tribunal (France)
France, Administrative Court of Nancy.
Re Maire d'Auboue.

Treaties Conclusion and operation of Operation and enforcement of Necessity for municipal legislation North Atlantic Treaty, 1949 Status of Forces Agreement, 1951 Protocol of Accession of Federal Republic of Germany, 1954 Refusal by mayor of French commune to permit passage or stationing of German forces Decision quashed by Prefect of Department Whether within jurisdiction of administrative courts The law of France.

Summary: The facts.In 1960 the Mayor of the French Commune of Auboue issued an order prohibiting the passage of German forces over, or their stationing in, the Commune. The Prefect of the Department of Meurthe-et-Moselle quashed this order. The Commune sought to have the Prefect's decision quashed by the administrative courts.

Held (by the Administrative Court of Nancy): that the action concerned the application of international agreements (in particular the NATO Status of Forces Agreement, 1951, and the Protocol of Accession of the German Federal Republic to the North Atlantic Treaty, 1954) and, being directly related to the...

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