Décision judiciaire de Tribunal des Conflits, 7 décembre 2020 (cas Tribunal des Conflits, , 07/12/2020, C4197, Inédit au recueil Lebon)
Date de Résolution: | 7 décembre 2020 |
Juridiction: | Tribunal des conflits |
Vu le jugement du 15 février 2018 par lequel le tribunal d'instance de Martigues s'est déclaré incompétent pour connaître de ce litige ;
Vu les pièces desquelles il résulte que la saisine du Tribunal des conflits a été communiquée à M. F..., M. V..., M. D..., M. E..., M. Q..., Mme N..., Mme O..., M. S..., Mme Y..., M. G..., M. B..., M. T..., Mme J..., M. C..., Mme P..., Mme X..., M. K..., M. U..., Mme A..., Mme I... et M. M..., représentés par Me Espallargas, et à la commune de Port-de-Bouc, qui n'ont pas produit de mémoire.
Vu les autres pièces du dossier ;
Vu la loi des 16-24 août 1790 et le décret du 16 fructidor an III ;
Vu la loi du 24 mai 1872 ;
Vu le décret n° 2015-233 du 27 février 2015 ;
Vu le code général de la propriété des personnes publiques ;
Après avoir entendu en séance publique :
- le rapport de Mme Christine Maugüé, membre du Tribunal,
- les conclusions de Paul Chaumont, Rapporteur public ;
Considérant ce qui suit :
1. Aux termes de l'article 32 du décret du 27 février 2015 : " Lorsqu'une juridiction de l'ordre judiciaire ou de l'ordre administratif a, par une décision qui n'est plus susceptible de recours, décliné la compétence de l'ordre de juridiction auquel elle appartient au motif que le litige ne ressortit pas à cet ordre, toute juridiction de l'autre ordre, saisie du même litige, si elle estime que le litige ressortit à l'ordre de juridiction primitivement saisi, doit, par une décision motivée qui n'est susceptible d'aucun recours même en cassation, renvoyer au Tribunal des conflits le soin de décider sur la question de compétence ainsi soulevée et surseoir à toute procédure jusqu'à la décision...
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