Poorly planted public works and hypothetical nature of regulation

In order to refuse to order the demolition of an irregularly sited public work, the judge must ensure, when an appropriate regularization is possible, that the procedure has been envisaged and is likely to succeed.

EC 28 Feb. 2020, req. no. 425743, extract : (…) Where the administrative court is seised of an application for enforcement of a court decision which holds that a public work has been erected in an irregular manner, it is for the court, in order to determine, in the light of the legal and factual situation existing on the date on which it rules, whether the enforcement of that decision implies that it orders the removal of that work, to determine, first, whether, having regard in particular to the reasons for the decision, a regularisation of the situation is possible.

Article 1: The judgment of 19 July 2018 of the Administrative Court of Appeal of Nancy is annulled (…) D E C I D E : —————- Article 2: The judgment of 19 July 2018 of the Administrative Court of Appeal of (…)