quill.gif (3183 bytes)

Commune de Verdun v. M. Pierre Reinhardt Arrêt n° 98NC02526 , Cour administrative d'appel de Nancy, 3e chambre, 4 décembre 2003 (publication : AJDA 2004 Jurisprudence p. 82 )

Facts: the plaintiff, M. Pierre Reinhardt, was a nomad/traveler living in a trailer with a whole group of other nomads which formed a community. The city of Verdun, France, took a decree on June 1, 1996 providing that "nomads living in trailers must settle their trailers only on the two lots specially dedicated to them and nowhere else". However the plaintiff claimed that the two lots in question were not fit to live in decent conditions because it was really filthy. Accordingly he complained that the city of Verdun violated his right to live in decent conditions.

Holding: the Court of first instance condemned the city to 20,000F of damages to the plaintiff. The CAA of Nancy also found a violation of the right to housing of the plaintiff but reduced the damages to 10,000F.

Reasoning: article 38 of the Law of May 31, 1990 provides that "any city of more than 5,000 inhabitants must provide nomads and travelers substantial and minimal housing conditions when they stop in the city, namely suitable lots of land with water and electricity where they can live in their trailers. As soon as those lots are available to nomads, mayors can forbid nomads to settle their trailer outside the dedicated lots".   The decree taken by the mayor of Verdun on June 1, 1996 provided that "nomads living in trailers must settle their trailers only on the two lots specially dedicated to them and nowhere else". However the evidence clearly showed that the living conditions on those two lots were filthy and contrary to the minimal decency required. As a result the plaintiff had to move several times and sometimes settle his trailer on unauthorized land. Accordingly, the city was held responsible for the material damages of the plaintiff until 10,000F.

 

 

Human and Constitutional Rights Resource Page


Comparative Bills of Rights ||Housing