Where the offence of forgery and use of false public writing

The lease of the Grenoble accurate Squash society that the premises are to "use of sports centre squash courts and other similar disciplines, sale of equipment and useful sports sport supplies charged, training of the members, organization of tournaments and, incidentally, the operation of a club-house with fast food, snack, tea room". The club develops restoration activity without permission of the lessor, and organizes musical evenings that go beyond the intimacy of the club. His warnings to cease and desist these vain remaining activities, the lessor assigned the club in recognition of the acquisition of the termination clause of the lease for change of destination of the lease. And prevails.

More remunerative than sport

Squash Grenoble defends itself in cassation. The fact that the turnover of the ancillary activity authorized by the lessor (the restoration) has become more important that the figure of the main sporting activity, argues is not a change of destination justify the termination of the lease. Otherwise, the destination of the lease clause authorizes the operation of a club-house with fast food, snack, tea. The fact that access to the restaurant is not exclusively reserved to only members of the centre does not violate this clause that does not specify this restrictive condition. Indeed, even criticized the club, the Court of appeal was not sought if the client of the club-house was not predominantly composed of members of the club!

Eating after exercise

The Court of appeal holds sovereign, "that the common intention of the parties to the lease has been to make available to the tenant of the equipment for the use of sports clients looking for a structure where they practice physical activity above all and restore in minutes employment of busy, particularly during the week in the intervals of their working hours"notes the Court of cassation, 25 January 2006 (CIV. 3, n 04-20173). Despite the notices, Squash Grenoble has continued its work of restoration and organized "musical evenings giving rise to advertisements in the Grenoble press and that, far from being reserved to members of the sports centre or their relatives, were intended for an audience of consumers with no connection with them." The club actually breached contractual stipulations by expressly the operation of the club-house, an ancillary activity of the sports centre.

BOX .

Patronage in Ronchin

Among the offences which are worth to the Mayor of Ronchin (North), Michel x., two years suspended imprisonment, two years of ineligibility, crimes of infringement of freedom of access and equality of candidates in the procurement and false public write include Ian sports hall. For its reconstruction (budget of CHF 11.7 million), the Mayor has fostered an architect firm, giving it access to the file prior to publication of the competition in the official bulletin of the announcements of procurement (in 1993) and singling (1996) the amended market (elevation of ceilings) without solicitation. "His intention was to promote the firm despite the code of public procurement," judge the Court of appeal of Douai, which has "characterized in all of these elements, so that intentional material, the tort of patronage which it has found the accused guilty", confirms the Court of cassation on March 8, 2006 (Crim. n 05-85276). The regional court of Auditors still shows the addition of the choice of cabinet in the extract from register of deliberations of the Council sent to the Prefecture. Absent mention on the original. Where the offence of forgery and use of false public writing.