Question 1095 — associations and foundations

Summary

Mr. Régis Juanico questions the Minister of Sports about the possibility for a sports association to apply price differentiation based on the place of residence of its members. Setting different prices applicable to various categories of users may be justified by the existence of appreciable differences in situation between users or by a necessity in the general interest. The administrative judge admitted that the place of domiciliation can be considered as an appreciable difference in situation, justifying a price differentiation. Thus in its judgment of December 2, 1987 "Commune of Romainville", the Council of State admits that a municipality can differentiate the prices of a music school depending on whether or not the students are domiciled in the territory of the municipality. However, more recent case law from the administrative court of appeal of Lyon specifies that such differentiation cannot be established since the financing of the service concerned “is provided not by the taxpayer but by the user” (CAA Lyon, April 13, 2000). He would also like to know if a sports association, entirely financed by the contributions of its members, and for which the municipality has made investments for the renovation of its facilities, can be imposed by the latter a price differentiation based on the place of residence of its users.

Machine translation from French. The official text remains authoritative.

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• Régis Juanico · auteur

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