French General Code of Local Authorities
In forceI. - Where the European Commission considers that the State has failed to fulfil one of its obligations under the Treaty on the Functioning of the European Union and that the obligation concerned falls wholly or partly within the remit of local and regional authorities or their groupings and public establishments, the State shall inform them thereof and notify them of any subsequent developments in the procedure initiated on the basis of Article 258 or 260 of the same Treaty.
II. - The local authorities and their groupings and public establishments mentioned in I shall provide the State with any useful information to enable it to verify the performance of its obligations and to ensure its defence.
III. - A consultative commission is created comprising members of the Conseil d'Etat, magistrates from the Cour des Comptes and representatives of the local authorities.
IV. - When provisions for litigation are set aside in the State's accounts in anticipation of a ruling by the Court of Justice of the European Union finding an infringement on the basis of Article 260 of the Treaty on the Functioning of the European Union and the infringement in question falls within the scope of I of this article, the Prime Minister shall refer the matter to the commission defined in III. The committee shall issue an opinion after hearing the representatives of the State, local authorities, their groupings and the public bodies concerned, as well as any person or body whose expertise it deems useful for its work. The opinion shall include an assessment of the lump sum or penalty payment which the Court of Justice of the European Union is likely to order to be paid, as well as a provisional breakdown of the financial burden between the State, the territorial authorities and their groupings and public establishments in accordance with their respective powers.
V. - If the Court of Justice of the European Union finds that there has been a failure to fulfil obligations under I of this article and imposes the payment of a lump sum or penalty payment on the basis of Article 260 of the Treaty on the Functioning of the European Union, the local authorities, their groupings and public establishments concerned and the commission defined in III of this article shall be informed as soon as possible. The commission may issue an opinion within fifteen days of delivery of the judgment of the Court of Justice of the European Union to adjust, if necessary, the distribution of the financial burden in the light of the grounds and operative part of the judgment.
VI. - A decree, issued after receiving the opinion of the committee provided for in IV or V as appropriate, shall set the charges payable by local authorities and their groupings and public establishments, which constitute compulsory expenditure, within the meaning of Article L. 1612-15. This decree may also provide for a multi-year schedule of recovery of sums owed by local authorities and their groupings whose financial situation does not allow immediate payment of these charges. In the event of a particularly deteriorated financial situation, these charges may be subject to a total or partial rebate.
VII. - This article applies without prejudice to articles L. 1511-1-1 and L. 1511-1-2.
VIII. - A decree in the Conseil d'Etat sets out the terms and conditions for the application of this article.
