デファンス地区都市開発事業の過程で生じた開発者負担金訴訟事件の意義とそれに対する政府の施策に関する研究

概要

論文の詳細を見る
In 1990's, a developer company appealed to the administrative courts, claiming that their contribution to the public agency for the development of La Defense Region was illegal and should be reimbursed. The company had bought a 2 ha land from another company in the centre of the development area and the public agency had got the contribution based on the agreement with the company.The French court made the final decision of supporting this appeal in 2000. This case happened because of the absence of necessary transitional treatment in related laws. The public agency was obliged to pay back 1.96 billion French francs including the punitive additional interest. For this, the French national government gave adequate and timely financial support to the public agency. The decision of the government was considered as reasonable among French academics and journalists. This paper analyses the causes of the dispute and the significance of the case in considering the policy measures to realise the well-balanced financial responsibilities among participating stakeholders.