Compagnie des architectes chargés de gestion, de transaction
et d'entretien d'immeubles v. France ,
decision n° 248266, Conseil d'Etat, 31 mars 2004 (publication : AJDA 2004
Jurisprudence p. 1253)
Facts: pursuant to the provisions of the Law of January 3, 1977 on architecture and to the decree of March 20, 1980 providing for the code of professional obligations of architects, architects registered to the Order of architects could not practice real estate activities. The applicant was the Organization gathering registered architects. It claimed that the restriction on the profession of architect was illegal.
Holding: the Conseil d'Etat found that the decree providing for the interdiction of architects to realize real estate activities was legal
Reasoning: article 31 of the challenged decree provided for an exception where architects could practice an activity of manager of the buildings for which they also provided for the maintenance. Therefore the decree did not totally forbid architects to participate to real estate transactions or activities and it would be possible for them to practice such an activity if they could provide proofs of their professional ability to do so. Therefore, the decree just precised what the law provided concerning the profession of architects which is precisely regulated by the law.
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