Décision judiciaire de Conseil d'État, 8 juillet 2021
| Date de Résolution | 8 juillet 2021 |
| Juridiction | XI |
| Nature | Arrêt |
La circonstance que les courriers électroniques soient arrivés dans la boîte de courriers indésirables du conseil de la partie requérante plutôt que dans sa boîte de réception ne peut aucunement être attribuée à un dysfonctionnement de la plateforme électronique du Conseil d'État, ni constituer un cas de force majeure, celle-ci envoyant les courriels à l'adresse de courrier électronique visée à l'article 85bis, § 3, alinéa 2, de l'arrêté du Régent du 23 août 1948 déterminant la procédure devant la section du contentieux administratif du Conseil d'État et encodée par la partie requérante elle-même.
Un événement ne constitue une force majeure que s'il présente le triple caractère d'irrésistibilité, d'imprévisibilité et d'extériorité. Or, dans le cadre de la procédure électronique, l'utilisateur choisit et encode...
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