00:00The Montpeur ruling, issued by the Council of State on July 31, 1942, is a major decision in administrative law.
00:06French which establishes the functional criterion of the administrative act.
00:09The facts and the procedure.
00:11A committee for the organization of green industries, a private body established under the Vichy regime, law of
00:16On August 16, 1940, to address the shortage of coal and raw materials, a distribution decision was made.
00:22of production.
00:24Mr. Montpeur is challenging this decision, which he is contesting before the judge.
00:27The problem is whether the administrative judge has jurisdiction to judge the actions of a private individual.
00:32The solution is reach.
00:34The Council of State ruled that a private legal entity can take administrative acts.
00:39The act is no longer defined solely by its organic author, a public authority, but by its function.
00:44Two cumulative conditions are required for a private body to produce an administrative act.
00:491. The entity must be entrusted with a public service mission.
00:532. It must act under the prerogatives of public authority.
00:56This case law was later supplemented by the Bougen ruling, 1943, on professional bodies and Bureau Veritas, 1983.
