Question 15173 — associations and foundations

Summary

Mr. Damien Abad draws the attention of the Minister of Territorial Cohesion and Relations with Local Authorities to the arrangements for dissolving a dormant association by people outside it. Many associations still exist, although they no longer have any activity. For example, dormant clubs affiliated with the French Gymnastics Federation harm the image of the activity sports and the federation. It is clear that the legislation relating to the dissolution of an association is incomplete. An association that no longer has any activity is called a “dormant” association, even if this term has no real legal value. The mere observation of being “put to sleep” does not result in dissolution. This must be provoked since the association continues to exist legally and administratively. No rule currently allows the dissolution of an association simply because it is “dormant”. In addition, it is possible to request the judicial dissolution of an association for failure to achieve its corporate purpose. Several courts of appeal were favorable (Angers Court of Appeal, October 4, 2005; Poitiers Court of Appeal, February 24, 2002; Rennes Court of Appeal, October 8 1969). The Court of Cassation has ruled once in favor of such an action (Cass, civ 1ère, March 13, 2007, no. 05-21658). It would therefore be possible to request the dissolution of the association for this reason, since the dormant sports association can no longer fulfill its corporate purpose. However, the legislation tends to consider that the dissolution action is only reserved for members of the association. The Court of Cassation refused in 2007 to rule on the question of the holder of the dissolution action and maintains vagueness on this question. The applicants for administrative dissolution could be communities, if they subsidize the association, elected officials or patrons. This would reduce the number of “dormant” associations and simplify dissolution procedures. Thus, he asks him to specify the modalities for dissolving an association and specifying the actors external to the association who could initiate administrative dissolution action, in order to avoid judicial dissolution of the association.

Machine translation from French. The official text remains authoritative.

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