Wednesday 19 October 2011
All the versions of this article: [English] [français]
Update from October 19, 2011:
The analysis of the verdict of the Saint-Nazaire trial indicates that the houses under that jurisdiction have more than a month of time before being evictable. We’ve known this for some time, but communication is not always our strong point ...
The verdict of the houses that went on trial in Saint-Nazaire was held today September 20. The cabin at Fosses Noires saw its case dropped.
Bel-Air, Tertre and les Planchettes (and probably the other houses being dealth with that day) have a month before being evictable. But the judge also made clear that he does not accept that there was a "forced entry". When "forced entry" is recognised, this means the occupants of the house do not benefit from various legal protections, such as the "winter truce". However, the Saint-Nazaire judge, did not recognise that there was "forced entry": he said the Aéroport du Grand Ouest was unable to demonstrate it, and therefore gave the benefit of the doubt to the occupants.This means, after the month of delay, and from the date the court clerk comes, we have 2 months to leave the premises (under Article 62 of Law 91-650 of July 9 1991 of the Code of Civil Procedure). The judge also granted the "winter truce" (under Article 613-3 of the Code of Construction and Housing).
So in total: with the court clerk having brought the verdict of the trial on September 29th (with about 60 cops), the first month of delay brings us to October 29. And if the bailiff comes that day to bring the order to leave, the additional two months brings us to December 29th, in mid-winter. Thus, the winter truce granted by the judge does not allow a legal eviction until March 15th, the end of the winter truce.
The houses under the jurisdiction of Saint-Nazaire cannot be evicted before March 15th, which brings us to a delay of six months granted by the court of Saint-Nazaire.
The verdict of the houses located in the jurisdiction of Nantes will take place tomorrow, Thursday, October 20th.
See: scan of the verdict (in french)