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The Council of State has overturned the decision of the Bordeaux Court of Appeals, which had revoked the amended building permit for the Emeraude St-Barth project dated August 14, 2024. The Court must now rule again on the appeal filed by Saint-Jean Beach Real Estate Invest.
The saga continues for the Etoile project, now known as Emeraude St-Barth. A year ago, the Bordeaux Administrative Court of Appeals rejected the appeal filed by Saint-Jean Beach Real Estate Invest (JSB 1614). In that decision, the Court’s president ruled to overturn the local government’s resolution of August 14, 2024, which had granted an amended building permit for the hotel project in Saint-Jean Bay. “The Court’s ruling had caused a great deal of confusion,” explains the company’s attorney, Xavier de Lesquen, who had announced his intention to file an appeal with the Court of Cassation. The Council of State’s decision was handed down on Tuesday, July 7: it overturned the Bordeaux Administrative Court of Appeal’s rejection of the appeal filed by Saint-Jean Beach Real Estate Invest. As a reminder, the Council of State is the highest court in the administrative system; it rules on the proper application of the law.
The Fraud Allegation Rejected
In this specific case, the Council of State remanded the case to the Court of Appeals so that it may rule again on the appeal filed by Saint-Jean Beach Real Estate Invest—taking the Council of State’s decision into account, of course. “The Council of State made two points: first, there is no fraud,” explains attorney Xavier de Lesquen. “And second, the Eden Rock companies cannot challenge the amended permit dated August 14, 2024, unless they can demonstrate that they have a vested interest in doing so.” However, the case is far from over in the eyes of Fabrice Moizan, CEO of Eden Rock: “This ruling does not mark the end of this litigation regarding the building permits for the Emeraude project, which has been ongoing for more than six years, since the case has been referred to the Bordeaux Administrative Court of Appeals, which will once again have to rule on the legality of the building permit. This decision by the Council of State is, at this stage, a procedural step that each party must acknowledge.”
A 4- to 6-month delay
At Saint-Jean Beach Real Estate Invest, the mood is one of relief. “We are pleased to see that the Council of State has issued a very clear decision that simply reaffirms a number of principles applicable to urban planning disputes,” said the attorney. This sentiment is shared by Sébastien Maingourd, the regional general manager of the Barthélemy Hotel & Spa (which is spearheading the Émeraude St. Barth hotel project through Beach Real Estate Invest): “We accept this decision with confidence. This project is part of a long-term initiative, driven by the same high standards and the same respect for Saint-Barthélemy and its residents. We will now allow the proceedings to run their course before the Administrative Court of Appeal in Bordeaux.” According to the attorney, the Court of Appeal is expected to rule on the appeal within four to six months.
