The Versailles Court of Appeal rendered its decision in favor of SAUR, ending four years of litigation initiated by the Free Trade Union Association (ASL) of Orient Bay.
\nThe latter contested in particular the ownership of the drinking water and sanitation networks of the subdivision, the validity of the invoices, the presence of general meters, and even the water rate.\nKey points of the Court's decision
\nThe Court thus ruled on several crucial points:
\n• Private network: The drinking water and sanitation network crossing the Orient Bay subdivision is recognized as private. Responsibility for the associated work therefore falls exclusively to the ASL.
\n• Payment of invoices: The ASL cannot avoid paying invoices by invoking the absence of voluntary subscription to a subscription contract, the service regulations being unequivocal.
\n• Rejection of ASL's demands: All ASL's demands, including the invalidity of the invoices and the removal of general meters, were rejected.\nFinancial penalty
\nConsequently, the Court ordered the ASL of the BO to pay SAUR the sum of €1, plus interest from the due date of each invoice, the first dating back to April 046.
\nThis decision comes at a time when the appeal lodged by the ASL initially concerned a fine of €900. The first instance judgment on which this appeal related only concerned the period up to 000. But it is indeed the validity of all the invoices issued by SAUR since the origin of the contract which is today confirmed, with the notable exception of the sanitation part, which we take note of.\nSAUR reaction
\nSAUR welcomes this final decision in several respects:
\n• Clarification of obligations: It confirms the obligations of local ASLs concerning invoices linked to general meters,
\n• Legitimation: It supports the legality of our actions and procedures which guides our daily action in the exercise of our delegated missions,
\n• Continuity of service: It puts an end to a situation penalizing distribution and public investments throughout the territory,
\n• Equity: It restores a certain balance between the subscribers of Saint-Martin,
\n• Accounting regularization: It seals the fate of all overdue invoices since the installation of the general meter, no more arguments can be made against them.
\nWe are confident that the ASL of Orient Bay will now respect its responsibilities and obligations, thus avoiding jeopardizing the public water service on a territorial scale. If this ASL had been emulated in terms of litigation, the decision of the Court of Appeal of Versailles clarifies the situation and provides legal answers to all ASLs and co-ownerships which ask themselves the same questions. We remain available to the latter in order to find amicable solutions together for the benefit of subscribers and the territory, while their debts represent more than 60% of the overall deficit which today amounts to more than €15 million.
\nGiving water back the value it deserves is our reason for being, the Mission we have set for ourselves; it is together (community, EEASM, water authorities, socio-professionals, landlords, ASL, co-ownerships, civil society) that we will achieve this.\n\n\n\n
https://faxinfo.fr/en/la-cour-dappel-de-versailles-statue-en-faveur-de-saur-dans-le-conflit-avec-lasl-de-la-baie-orientale/
