Décision judiciaire de Conseil d'Etat, 8 avril 2009 (cas Conseil d'État, Section du Contentieux, 08/04/2009, 289314)
Date de Résolution: | 8 avril 2009 |
Juridiction: | Conseil d'etat |
Nature : | Décision |
Vu la décision du 23 juin 2008 par laquelle le Conseil d'Etat, statuant au contentieux a prononcé l'admission des conclusions du pourvoi de la CHAMBRE DE METIERS ET DE L'ARTISANAT DE LA MOSELLE dirigées contre l'arrêt du 14 novembre 2005 de la cour administrative d'appel de Nancy en tant que cet arrêt a rejeté sa requête tendant à l'annulation du jugement du tribunal administratif de Strasbourg du 4 juin 2002 ayant annulé sa décision du 5 juin 2001 nommant M. C secrétaire général de la chambre ;
Vu les autres pièces du dossier ;
Vu le code de justice administrative ;
Après avoir entendu en séance publique :
- le rapport de M. Alban de Nervaux, auditeur,
- les observations de la SCP Vier, Barthélemy, Matuchansky, avocat de la CHAMBRE DE METIERS ET DE L'ARTISANAT DE LA MOSELLE et de Me Blanc, avocat de M. B,
- les conclusions de M. Bertrand Dacosta, rapporteur public,
- la parole ayant été à nouveau donnée à la SCP Vier, Barthélemy, Matuchansky, avocat de la CHAMBRE DE METIERS ET DE L'ARTISANAT DE LA MOSELLE et à Me Blanc, avocat de M. B ;
Sans qu'il soit besoin d'examiner les autres moyens du pourvoi ;
Considérant que, pour écarter la fin de non recevoir tirée du caractère tardif du recours formé par M. B contre la décision du 5 juin 2001 nommant M. C secrétaire général de la chambre au motif que le délai de recours contre cette décision n'avait pu courir à l'égard de M. B qu'à compter de la notification de cette décision, la cour administrative d'appel a jugé que cette décision remplaçait, en cours d'instance, deux décisions faisant l'objet de recours formés par M. B devant la juridiction administrative et ayant le même objet, en ce qu'elles étaient relatives à de précédentes nominations de M. C au poste de secrétaire général de la chambre ; qu'en jugeant ainsi, alors que la décision attaquée n'avait pas pour effet de se substituer à de précédentes décisions de nomination de M. C au poste de secrétaire général de la chambre, la cour administrative d'appel a commis une erreur de droit ; que, dès lors, la CHAMBRE DE METIERS ET DE L'ARTISANAT DE LA MOSELLE est fondée à demander l'annulation de l'arrêt attaqué en tant qu'il a rejeté sa requête tendant à l'annulation du jugement du tribunal administratif de Strasbourg du 4 juin 2002 ayant annulé sa décision du 5 juin 2001 nommant M. C secrétaire général ;
Considérant qu'en application de l'article L. 821-2 du code de justice administrative, il y a lieu de régler, dans cette mesure, l'affaire au...
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