French General Code of Local Authorities
In forceThe Trade Union Committee shall decide what actions to bring or support on behalf of the Section.
The chairman of the union commission, by virtue of the latter's deliberation, represents the section in legal proceedings.
He may, without the prior authorisation of the trade union commission, take any protective measures or interrupt forfeiture.
Any taxpayer registered on the roll of the commune has the right to exercise, both as plaintiff and defendant, the actions that he believes belong to the section in which he is a member, as long as he does not have an interest in acting in his own name.
Taxpayers wishing to bring an action must first notify the chairman of the union commission. The latter has a period of two months, unless there is a risk of foreclosure, to deliberate on the merits of the action.
In the event of disagreement or a risk of foreclosure or if the union commission has not reached a decision within the period referred to above or has not been set up, the representative of the State in the département may authorise the taxpayer to bring the action.
If the taxpayer has been authorised to bring the action, the section is implicated and the decision that is reached has effect with regard to it.
If the municipality is a party to the action, article L. 2411-9 is applicable.
When a judgment has been handed down, the taxpayer may only appeal or appeal to the Supreme Court by virtue of a new authorisation.
If the syndicate commission has not been set up, the mayor may be authorised by the municipal council to represent the section in legal proceedings, unless the interests of the municipality are in opposition to those of the section. In the latter case, a special syndicate committee is appointed by the representative of the State in the département solely to take legal action against the municipality. This committee is dissolved when the judgement becomes final. The conditions for the appointment of this commission and its operating procedures are set by decree in the Conseil d'Etat.
In the event that the mayor of the commune is personally interested in the case, the representative of the State in the département may authorise another member of the municipal council to bring the legal action.
