Conseil d'État, 4ème et 5ème sous-sections réunies, 17/05/2006, 268938, Publié au recueil Lebon
Counsel: | HAAS |
Court: | Conseil d'Etat (France) |
Judgement Number: | 268938 |
Presiding Judge: | M. Stirn |
Record Number: | CETATEXT000008257342 |
Writing for the Court: | M. Pierre-Antoine Molina |
Vu la requête sommaire et le mémoire complémentaire, enregistrés les 21 juin et 21 septembre 2004 au secrétariat du contentieux du Conseil d'Etat, présentés pour M. Marc B, demeurant ... ; M. B demande au Conseil d'Etat :
1°) d'annuler l'arrêt du 11 mars 2004 par lequel la cour administrative d'appel de Nantes a rejeté sa requête tendant à l'annulation du jugement du tribunal administratif de Rennes du 30 avril 2002, tendant à ce que la sanction disciplinaire infligée à M. Michel A par le ministre de l'emploi et de la solidarité le 5 novembre 1999 soit annulée et à ce qu'une nouvelle procédure disciplinaire soit engagée à l'encontre de l'intéressé ;
2°) de mettre à la charge de l'Etat la somme de 2 000 euros en application de l'article L. 761-1 du code de justice administrative ;
Vu les autres pièces du dossier ;
Vu la convention européenne de sauvegarde des droits de l'homme et des libertés fondamentales ;
Vu le code de justice administrative ;
Après avoir entendu en séance publique :
- le rapport de M. Pierre-Antoine Molina, Maître des Requêtes,
- les observations de Me Haas, avocat de M. B,
- les conclusions de M. Rémi Keller, Commissaire du gouvernement ;
Considérant que M. B a attaqué devant le juge administratif le refus opposé par le ministre de l'emploi, de la cohésion sociale et du logement à sa demande tendant à l'aggravation de la sanction d'exclusion temporaire des fonctions pendant 3 mois dont 2 avec sursis infligée à M. A par le ministre ; qu'il ressort des pièces du dossier soumis aux juges du fond que cette sanction se fonde sur le motif tiré de ce que M. A, inspecteur du travail, conduisant en état d'ébriété, a provoqué un accident de la circulation ayant entraîné le décès du père du requérant, avant de se rendre coupable de délit de fuite et de se livrer à de fausses déclarations sur les circonstances entourant cet accident ; que, pour rejeter la requête de M. B, les juges du fond ont jugé qu'il ne disposait pas d'un intérêt lui donnant qualité pour demander l'annulation de cette décision ;
Considérant que la victime d'un dommage causé par un agent public dans l'exercice de ses fonctions a la possibilité d'engager une action en réparation en recherchant soit la...
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