French
The Conseil d’Etat is asked to rescind the decree n°99-557 of July 2th 1999 on the creation of the natural reserve of the Aiguillon Bay. The applicant argued that the creation of the natural reserve was illegal because it needed a decree taken by the Conseil d’Etat, a public inquiry, the consent of all ministers, and the consultation of the Permanent Comity for the Protection of the nature.
Articles R.242-1 and R.242-2 of the Rural Code provide two procedures to create a natural reserve: a regular procedure and a simplified one. When the project has the written consent of the owner(s), the Prefect can use the simplified procedure. In this case, the State is the only owner of the lands located in the perimeter of the natural reserve. Therefore, the Prefect has legally used the simplified procedure. In addition, the consent of the Prime Minister characterizes the consent of the State. The procedure was also regular. Consequently, the Conseil d’Etat rejected the claim.