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Case:
D. 1921, III, 1 Case Terrier
Date:
06 February 1903
Translated by:
Tony Weir
Copyright:
Professor B. S. Markesinis

D. 1921, III, 1
Case Terrier

6 February 1903

On the point of jurisdiction: -

Given that prefectorial council of the département of Saône-et-Loire sent a note to M. Terrier in which the secretary informed him that the council had decided that it had no jurisdiction to entertain his application for the payment of certain bounties for the destruction of vermin, and that the note in question, not being a judicial determination, cannot as such be submitted to the Conseil d’État, but given that in view of the alleged lack of jurisdiction in the prefectorial council the applicant puts directly to the Conseil d’État the question whetherhis request is justified or not;

Given that M. Terrier may well be justified in seeking payment under the terms in which the general council decided that bounties for the destruction of verminwere payable, a sum for this purpose having been included in the departmentalbudget for 1900, and that the prefect’s refusal to consider the requestsubmitted to him gives rise to a dispute as to the law which the Conseil d’Étatis competent to inquire into and of which it is properly seised by the subsidiaryarguments of the applicant;

On the merits:

Given that the dossier is not yet complete enough to permit an evaluation of the claim it is right to remit the matter to the prefect for the award of suchsum as M. Terrier may be entitled to; …

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