Advertising display in Gironde: the State condemned for successive “refusals” to apply the law


“Advertising is pollution. It is not us who say it, it is the law”. Pierre-Jean Delahousse is the spokesperson for Paysages de France. Tirelessly, this approved association informs the prefecture of breaches of the Environmental Code in the department. By tens. Too many advertisements. Too big. Placed in prohibited places (towns with less than 10,000 inhabitants…) “But when it comes to advertising displays, the Gironde prefecture puts the brakes on,” accuses Pierre-Jean Delahousse.

When his reports…

“Advertising is pollution. It is not us who say it, it is the law”. Pierre-Jean Delahousse is the spokesperson for Paysages de France. Tirelessly, this approved association informs the prefecture of breaches of the Environmental Code in the department. By tens. Too many advertisements. Too big. Placed in prohibited places (towns with less than 10,000 inhabitants…) “But when it comes to advertising displays, the Gironde prefecture puts the brakes on,” accuses Pierre-Jean Delahousse.

When his reports are not acted upon – in law, this is called a decision of implicit refusal – Paysages de France drags the decentralized services of the State before the administrative court. Which taps, regularly, on the fingers of the prefecture with blows of rules of law. A conviction, in July 2019, for offenses reported to Marcheprime and Mios and for which the State had taken no action. Three other convictions, in July 2020, for irregular advertising displays at the bottom of the Basin (in Belin-Béliet, Barp, Salles, Mios and Lanton) and which the State would not have chased.

Common point between these municipalities: they are part of the Landes de Gascogne Regional Natural Park (PNR), subject to specific rules.

The judges ruled in favor of the association, explaining in particular that “as soon as it was seized of a precise and detailed request from the association Paysages de France for it to take, pursuant to article L. 581-27 of the Environmental Code of formal notice orders for the compliance or removal of advertisements and signs […], the prefect of the Gironde could not, without disregarding these provisions, refrain from exercising his discretion and making use of the powers conferred on him by this article, in particular to have any offenses recorded by agents authorized to do so. end. By refraining from doing so and putting an end to the irregularities noted, the prefect of the Gironde disregarded the aforementioned provisions. »

Damages and interests

Incidentally, Paysage de France, as an approved association, relieves the State of a few thousand euros in damages in each file, “in view of the number of offenses noted and the duration of the inertia of the services of State “.

Last December 21, Paysages de France won a new battle (1) at the administrative court of appeal, this time. “Élisabeth Borne then Barbara Pompili, ministers of the environment, had attacked the judgments of the administrative court which asked the State to enforce the law! When you think about it, it’s still extraordinary,” sighs Pierre-Jean Delahousse. Another disappointment for the State, another check for 3,000 euros for Paysage de France.

For the association, this ruling is important because “it confirms that the competent authority should not confine itself to issuing orders of formal notice, but, if necessary, ensure their execution by implementing the procedure of penalty payment (article L.581-30 of the Environmental Code: the offender who does not comply within the time limit set by the decree is liable for a penalty payment of 213.43 euros per day), and by having the the work automatically”.

“pretend to act”

However, too often, says Pierre-Jean Delahousse, “the prefecture pretends to act. When it finally takes measures to force offenders to dismantle their signs or bring them up to standard, it does not enforce them through penalty payments”.

Pierre-Jean Delahousse agrees: “The provisions of the Environmental Code in terms of advertising displays are unbeatable. For those who would like to look into it, his association has developed a booklet that can be consulted and downloaded from its site, “Monsieur Kivoitou”. Moreover, the local “contributors” who report violations are discreet. “As a rule, they ask that their name not appear in the proceedings, for fear of being pressured.”

In the meantime, the judicial guerrillas are raging at the foot of the panels. This Tuesday, January 11 again, Paysages de France filed a reply for 63 alleged offenses on the side of Cestas. And on December 16, she seized the administrative court “for particularly ostentatious offenses in Bègles”

(1) The prefecture notes a contrario that this judgment “removes the financial penalties imposed on the State, and reduces the number of systems to be checked. »



Source link -123