Conseil d'État, 5ème chambre, 02/07/2020, 424444, Inédit au recueil Lebon
Counsel: | SCP BAUER-VIOLAS, FESCHOTTE-DESBOIS, SEBAGH ; SCP ROCHETEAU, UZAN-SARANO |
Court: | Conseil d'Etat (France) |
Judgement Number: | 424444 |
Record Number: | CETATEXT000042078259 |
Writing for the Court: | M. Olivier Rousselle |
Le groupement agricole d'exploitation en commun (GAEC) de Donville et la coopérative agricole laitière " Les Maîtres laitiers du Cotentin " ont demandé, par deux requêtes distinctes, au tribunal administratif de Caen d'annuler pour excès de pouvoir les arrêtés n° 2015-73 et n° 2015-74 du 4 juin 2015 par lesquels le préfet de la Manche a, d'une part, refusé au GAEC de Donville le droit d'exploiter 4,8 hectares de terres agricoles appartenant à la coopérative agricole laitière " Les Maîtres laitiers du Cotentin " et, d'autre part, autorisé l'entreprise agricole à responsabilité limitée (EARL) du Marais de Beaumont à exploiter ces mêmes terres. Par un jugement nOS 1501588, 1501589, 1501600 du 21 juin 2017, le tribunal administratif de Caen a rejeté leur demande.
Par un arrêt nOS 17NT02575 et 17NT02597 du 20 juillet 2018, la cour administrative d'appel de Nantes a annulé ce jugement ainsi que les articles 1ers des arrêtés du préfet de la Manche du 4 juin 2015.
Par un pourvoi sommaire et un mémoire complémentaire, enregistrés les 24 septembre et 24 décembre 2018 au secrétariat du contentieux du Conseil d'Etat, l'EARL du Marais de Beaumont demande au Conseil d'Etat :
1°) d'annuler cet arrêt ;
2°) réglant l'affaire au fond, de rejeter les requêtes du GAEC de Donville et de la coopérative agricole laitière " Les Maîtres laitiers du Cotentin " ;
3°) de mettre à la charge du GAEC de Donville et de la coopérative agricole laitière " Les Maîtres laitiers du Cotentin la somme de 5 000 euros au titre de l'article L. 761-1 du code de justice administrative.
Vu les autres pièces du dossier ;
Vu :
- le code rural et de la pêche maritime ;
- la loi n°2014-1170 du 13 octobre 2014 ;
- le décret n° 2015-713 du 22 juin 2015 ;
- le code de justice administrative et l'ordonnance n° 2020-305 du 25 mars 2020 ;
Après avoir entendu en séance publique :
- le rapport de M. Olivier Rousselle, conseiller d'Etat,
- les conclusions de Mme Cécile Barrois de Sarigny, rapporteur public.
La parole ayant été donnée, avant et après les conclusions, à la SCP Bauer-Violas, Feschotte-Desbois, Sebagh, avocat de l'EARL du Marais de Beaumont et à la SCP Rocheteau, Uzan-Sarano, avocat de la société GAEC de Donville et de la coopérative agricole laitière " Les Maîtres Laitiers du Cotentin ".
Considérant ce qui suit :
1. Il ressort des pièces du dossier soumis au juge du fond qu'à la suite du dépôt de demandes portant sur diverses parcelles libérées appartenant à la coopérative agricole laitière " Les Maîtres Laitiers du Cotentin ", qui étaient concurrentes notamment en ce qui concerne la parcelle ZC 14 située sur le territoire de la commune de Méautis, le...
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