The Principle of Separation of Administrative and Judicial Authorities

This decision provides important clarification on your property law. Here is what it changes for you.

The situation

The principle of separation of administrative and judicial authorities precludes the civil judge from ordering measures that conflict with the requirements imposed by the administrative authority, in the exercise of its water and aquatic environment police powers, following non-compliance with the provisions applicable to installations, structures, works and activities carried out for non-domestic purposes by any natural or legal person, public or private, resulting in abstractions from surface water or groundwater, whether or not returned, a change in the level or flow pattern of water, destruction of spawning grounds, nursery or feeding areas for fish fauna, or discharges, run-offs, releases or deposits, direct or indirect, chronic or episodic, even if non-polluting. Consequently, a court of appeal does not provide a legal basis for its decision when, in ordering the operator of a treatment and purification station to cease discharging effluents exceeding regulatory requirements, it states that this pollution constitutes a manifestly unlawful nuisance which it is for the interim relief judge to bring to an end, without considering, as it was required to do, whether such an injunction would conflict with the requirements of the prefectural order requiring the intercommunal syndicate owning the installation in question to take various measures intended to bring the pollution to an end, according to a set timetable.

What the law says

This decision confirms the fundamental principles of property law.

Key points to remember

• Strictly comply with the legal time limits for appeals
• Keep all your supporting documents (titles, deeds, correspondence)
• Anticipate: preventive advice always costs less than litigation

For an analysis of your situation: 30-minute consultation at €45 with Maître Zakine.