• Seized by the city of Beaucaire, the administrative court of appeal confirmed the decision of the administrative court: the municipality does not have the right to remove substitution meals in its canteens, in particular on days when the menu includes pork.

  • For the judges, the substitution menus do not derogate from the principles of secularism and neutrality.

  • The administrative court of appeal relied on a 2020 case law of the Council of State.

The Administrative Court of Appeal confirmed the ban on suspending substitution menus.

On June 28, 2018, the municipal council of Beaucaire, led by the mayor RN Julien Sanchez, had adopted the "internal rules for extracurricular reception times".

Article 5 of the latter provided that in view of the principles of secularism and neutrality of the public service, “no particular request, based on religious reasons, can (…) justify an adaptation of the service”.

The town hall had therefore decided to no longer offer a substitute menu on days when pork was served in the school catering service.

This decision had been challenged in court by the French League for the Defense of Human and Citizen Rights and the International League against Racism and Anti-Semitism.

On February 9, 2021, the administrative court of Nîmes had canceled the decision to stop the substitution menus.

It was this decision that was challenged before the Toulouse Administrative Court of Appeal.

The case law of the Council of State

This confirmed the judgment at first instance.

The court relied on the case law of the Council of State resulting from a decision on the municipality of Chalon-sur-Saône of December 11, 2020. “Neither the principles of secularism and neutrality of the public service, nor the principle of equality of users before the public service, do not, by themselves, prevent local authorities from offering substitute meals.

Thus, the reasons for the decision of the municipality of Beaucaire mentioned in article 5 are tainted with illegality.

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Before the court, the city of Beaucaire explained that its decision was now motivated by constraints in human and financial terms.

Arguments swept away by the Toulouse judges.

“The new reason invoked by the municipality of Beaucaire is unrelated to the content of article 5 of the internal regulations relating to the neutrality of the public service and therefore does not justify it.

Furthermore, and in any event, the material accuracy of this new pattern was not established by the documents produced.

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A possible appeal would not be suspensive

The municipality of Beaucaire can now appeal to the Council of State, the highest court in French law, which judges cases on the form (if the law is respected) and not on the merits of the case.

This recourse, moreover, is not suspensive and the decision of the administrative court of appeal must apply without delay.

There will therefore again be substitution menus in school restaurants in the city of Beaucaire.

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  • Board of state

  • Occitania

  • Languedoc Roussillon

  • Nimes

  • Canteen

  • National Rally (RN)