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Case:
CE, Sect., 5 mai 1944, p.133 Case Dame Veuve Trampier-Gravier
Date:
05 May 1994
Translated by:
Professor Bernard Rudden
Copyright:
Professor B. S. Markesinis

5 May 1994

Conseil d’Etat

Having seen the summary application and the further particulars filed on behalf of Madame the Widow Trompier-Gravier, née Tichy (Marie Gabrielle) domiciled in Paris (14th arrondissement) . . . asking that it please the Conseil to annul a decision dated 26 December 1939 whereby the Prefect of Seine withdrew the licence to occupy a newspaper kiosk of which she was the holder;

Having seen the orders of the Prefect of Seine dated 13 March and 11 December 1924 and 22 January 1934; the Act of 18 December 1940;

Considering that it is settled that the challenged decision, whereby the Prefect of Seine withdrew Madame Trompier-Gravier’s licence to sell newspapers in a kiosk on Boulevard Saint-Denis, Paris, was taken on the grounds of misconduct by the applicant;

Considering that, having regard to the nature of the withdrawal in the circumstances mention and to the gravity of this sanction, such a measure could not lawfully be taken without Madame Trompier-Gravier’s having been enabled to discuss the grievances mounted against her; that the applicant, not having been given the opportunity to put forward her grounds of defense, is entitled to maintain that the challenged decision has been taken by the Prefect of Seine in an irregular manner and is thus ultra vires;

(Prefect’s decision annulled)

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