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Index des articles > Articles parus dans le RL > La Cour d'appel de Metz condamne les HBL à verser un caution

Article posté par Républicain Lorrain


Justice - dégâts miniers
La Cour d'appel de Metz condamne les HBL à verser un cautionnement

Dans les communes de Rosbruck et Porcelette, les Associations de défense des victimes de dégâts miniers avaient engagé des actions en justice pour obtenir le cautionnement des HBL. L'action s'appuyait sur un texte de loi qui impose de déposer une caution avant d'aller exploiter sous des surfaces habitées afin de garantir les dégâts miniers en surface. Dans un premier temps, le tribunal de Sarreguemines avait refusé le cautionnement, mais la Cour d'appel de Metz vient d'infirmer cette décision en condamnant les HBL à verser un cautionnement à hauteur de 27 345 000 F (4 168 718,38 Eur). La nouveauté réside dans le fait que la Cour d'appel n'a pas accepté la méthode de cautionnement bancaire appliquée notamment à Porcelette, mais a imposé le dépôt de fonds de garantie; ces fonds seront donc disponibles et affectés exclusivement à la réparation des dégâts miniers même après fermeture et liquidation des HBL.

Pour Me Cytrynblum, avocat des associations de défense, cette décision de la Cour d'appel "est une grande victoire pour les victimes de dégâts miniers. Il rappelle qu'en première instance, le tribunal de Sarreguemines avait refusé le cautionnement "au motif que l'exploitation minière était terminée et que les dégâts miniers étaient réparés. Cette décision ignorait la situation réelle puisque l'exploitation est toujours en cours sous Rosbruck générant de nombreux sinistres>.

Par ailleurs, Me Cytrynblum constate que la décision de la Cour d'appel est "dans le droit fil de la politique actuelle, laquelle cherche une solution par la constitution d'un fonds de solidarité au profit des victimes de dégâts miniers pour assurer un préfinancement des travaux de réparation".
Paru le : 23/03/03 (Forbach / Actualité)


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