Décision judiciaire de Tribunal des Conflits, 14 mai 2012 (cas Tribunal des Conflits, , 14/05/2012, C3844, Publié au recueil Lebon)
Date de Résolution: | 14 mai 2012 |
Numéro de Décision: | Société Orange France |
Juridiction: | Tribunal des conflits |
Nature : | Arrêt |
Vu, enregistrée à son secrétariat le 18 octobre 2011, l'expédition de l'arrêt du 12 octobre 2011 par lequel la Cour de Cassation, Première chambre civile, saisie d'un pourvoi formé par M. Pierre A et Mme Christine B épouse A contre un arrêt rendu le 2 mars 2010 par la cour d'appel de Pau dans le litige les opposant à la société Orange France, à la Société Française du Radiotéléphone, à Mme C et à Mme D par lequel cette cour a confirmé le jugement du tribunal de grande instance de Bayonne du 5 octobre 2009 s'étant déclaré incompétent pour prononcer l'enlèvement d'antennes-relais de téléphonie mobile, a renvoyé au Tribunal, par application de l'article 35 du décret du 26 octobre 1849 modifié par le décret du 25 juillet 1960, le soin de décider de la question de compétence ;
Vu, enregistré le 21 novembre 2011, le mémoire présenté pour M. et Mme A qui concluent à ce que les juridictions de l'ordre judiciaire soient déclarées compétentes pour connaître du litige, par les motifs que le litige oppose, sur le fondement des troubles anormaux de voisinage, un tiers à un service public industriel et commercial ; que l'action n'a ni pour objet ni pour effet de remettre en cause les décisions administratives autorisant les opérateurs de téléphonie mobile à occuper le domaine public hertzien ; qu'elle n'entre pas dans la champ d'application de l'article L. 2331-1 du code général de la propriété des personnes publiques ;
Vu, enregistré le 30 novembre 2011, le mémoire présenté pour la société Orange France qui conclut à ce que la juridiction administrative soit déclarée compétente pour connaître du litige, par les motifs que la compétence des autorités de l'Etat en matière d'installations de téléphonie mobile et de contrôle du risque sanitaire d'exposition du public exclut l'intervention du juge judiciaire sur le fondement de la théorie des troubles anormaux de voisinage car elle reviendrait à admettre que la réglementation nationale puisse être contredite ou contrariée ;
Vu, enregistré le 18 janvier 2012, le mémoire présenté pour la Société Française du Radiotéléphone qui conclut à ce que la juridiction administrative soit déclarée compétente pour connaître du litige, par les motifs qu'une demande tendant à l'enlèvement d'une antenne de téléphonie mobile sur le fondement des troubles anormaux de voisinage a en réalité pour objet et pour effet de mettre un terme à l'occupation par les opérateurs de télécommunications du domaine public hertzien de l'Etat...
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