Décision judiciaire de Conseil d'État, 30 juin 2021
Date de Résolution | 30 juin 2021 |
Juridiction | XIII |
Nature | Arrêt |
Les inexactitudes ou les carences du dossier de demande de permis peuvent être palliées par d\u0027autres informations ou déductions et n\u0027ont de conséquences que si les éléments du dossier n\u0027ont pu permettre à l\u0027administration de se prononcer en connaissance de cause ou l\u0027on induit en erreur. En d\u0027autres termes, ces défauts n\u0027entraînent en principe l\u0027annulation de l\u0027autorisation que si cette dernière a été accordée en méconnaissance de cause par l\u0027autorité, celle-ci n\u0027ayant pas été complètement et exactement informée ni par le dossier de demande de permis ni d\u0027une autre manière. Il revient à celui qui dénonce les lacunes du dossier de demande de permis de montrer que ces défauts ont empêché l\u0027administration d\u0027apprécier convenablement la demande et qu\u0027elles auraient pu la conduite à prendre une décision différente.
Quant à la contribution visée à l\u0027article 66...
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