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Late appeal against construction authorization; abuse of rights

ATA/75/1996Court of Justice / Administrative ChamberFeb 6, 1996Dismissed

Open source

Extracted by Omnilex

Omnilex summary

An association filed an appeal out of time against a construction-related authorization. It argued that the publication of the authorization of principle was irregular and that the appeal period had therefore not validly started. The court held that the association could not rely on this irregularity in good faith, because the file showed it knew, or could not reasonably have ignored, that the building permit necessarily included a Council of State order authorizing the works. The appeal was therefore dismissed as time-barred.

Omnilex headnote

LPA.17; late appeal and abuse of rights in reliance on defective publication. An appellant may not invoke an irregularity in the publication or notification of an administrative authorization to circumvent the appeal deadline where, from the file, it knew or could not reasonably have been unaware of the existence and scope of the decision attacked. In such circumstances, reliance on the formal defect is contrary to good faith and constitutes an abuse of rights; the remedy remains time-barred despite the publication defect.

Full text

Descripteurs

CONSTRUCTION ET INSTALLATION; AUTORISATION(EN GENERAL); MOYEN DE DROIT; OPPOSITION(PROCEDURE); DELAI; PUBLICATION(EN GENERAL); ABUS DE DROIT; CONDITION DE RECEVABILITE; PROCEDURE ADMINISTRATIVE; NOTIFICATION IRREGULIERE; CE

Normes

LPA.17

Résumé

Recours tardif. L'association ne peut en l'espèce se prévaloir de l'informalité intervenue dans la publication de l'autorisation de principe des travaux sans commettre un abus de droit. En effet, il résulte du dossier que l'association ne pouvait pas ne pas savoir que l'autorisation de construire impliquait un arrêté du CE autorisant les travaux.

Keywords

construction permitappeal deadlinepublicationnotificationabuse of rightsadmissibilityadministrative proceduregood faith

Extracted by Omnilex

Key legal questions extracted by Omnilex

Key legal question

Whether the association's appeal against the construction authorization was filed late.

Extracted holding

The appeal was late and therefore inadmissible.

Extracted reasoning

The association could not rely on the irregularity in the publication of the principle authorization for the works, because the file showed it could not have been unaware that the building permit implied a Council of State order authorizing the works. Invoking the publication defect in these circumstances would constitute an abuse of rights.

Key legal question

Whether the alleged irregular publication or notification extended the appeal deadline.

Extracted holding

No extension was granted because the irregularity could not be invoked in good faith.

Extracted reasoning

Even if the publication was informal, the association had sufficient knowledge of the authorization and its scope from the record; the defect did not justify bypassing the statutory time limit.

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