Donut war in Palavas: the Montpellier administrative court will decide

The hearing was held on July 18. PHOTO ILLUSTRATION Midi Libre – JEAN MICHEL MART

After the ban on all street sales on public property taken by the mayor of Palavas-les-Flots, on July 11, four of the five companies concerned joined forces to launch a procedure with the Administrative Court. The hearing was held on July 18.

Violation of the freedom of enterprise, of commerce and industry, of coming and going, hindrance to the free exercise of a profession, and to the principle of legal certainty.&nbsp ;So many attacks "committed against my clients and their fundamental freedom which are the reason why I’ seized the court urgently (interim liberty procedure)", specifies Me Capucine Varro-Charrier, of the Toulon bar.

Once the historical reminder of the whole affair (cf. Midi Libreof July 17), from the selection procedure to the various decrees taken until their repeal, it underlines that the general ban on all street sales was made    quot;overnight". Which amounts to putting in place "a general and absolute ban, seven days a week, from June 15 to September 15", she emphasizes.

Just before the hearing, at 2 p.m., the defense lawyer takes a last look at her files. Midi Libre – Florence Guilhem

"Misuse of power"

And the town hall to justify its choices on the grounds of disturbances to public order, health risks and breakdown of the cold chain, high temperatures… "Are high temperatures a reason to ban street vending or doubts about breaks in the cold chain to which all businesses  are exposed? ? In this case, we must close them all", she calls out.

Then to raise the problem of violence and disturbances to public order when no complaint has been filed against his clients, and they are rather the victims than the aggressors. Before driving the point home: "What is happening is that the merchants in the town fear competition from street vendors, that  ;rsquo;they call it unfair. They put pressure on the mayor who preferred to favor them." What she describes as "misuse of power…"

"We are in a situation close to chaos"

For Me Guillaume Merland, councilor of the town hall, everything is in the documents regulating street sales. "We must reestablish a truth that emerges from the texts. In the application file, it was clearly specified that street sales would only concern donuts, as well as in the orders issued. If the companies did not agree, they should have raised the issue", he argues. And to omit, in passing, the decree of July 2, stipulating the sale of products, without qualifying them.

Moreover, according to him, the emergency nature of the summary proceedings is not qualified. "What interests are harmed ? No demonstration has been made to us. In addition, employment contracts are not limited to Palavas, sellers can go to work elsewhere. And if the mayor decided to ban street sales, it is because they made mistakes in selling other products, that there is a problem ;sanitary and disturbances to public order, the idea not being to know who is responsible", he explains.& nbsp;And to summarize the situation as follows: "We are in a situation close to chaos."

The defense lawyer requests that the measure banning street sales be withdrawn altogether. And the opposing party emphasizes that if the judgment goes in this direction, it will be the previous order which will act as the "rules of the game", i.e.  the exclusive sale of donuts. "Of which act. It’is a dead end procedure for the applicants", he almost laughs.

The manager of the Sosogood company gets annoyed after leaving the hearing. "I'm angry to hear lies. What I expect is a frank and honest discussion." A stretched pole ? On the court side, the decision will be rendered tomorrow.

I subscribe to read more