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The court decides the exchange of the Bois Lejuc is illegal !

Maj. on 2nd march

Today the administrative court of Nancy declared illegal and canceled the act by which the Andra claims to be the owner of the Bois Lejuc ! The township & the Andra have 4 months to regularise it- if they wish to.

Below, our media report and a translation of the the court order :

Our media report:

The facts and the legal procedure:
In the context of the research they’re doing, primarily in the underground research laboratory in Bure, ANDRA (the national agency dealing with radioactive waste) studied the feasibility of storing mid and high activity long term nuclear waste in deep geological layers. Its research resulting in the feasibility of such storage, ANDRA offered a land exchange to the village of Mandres-en-Barrois.

Through a deliberation adopted following the secret ballot vote on July 2nd 2015, the municipal council of the Mandres-en-Barrois village authorized the mayor to sign with ANDRA an agreement on the exchange of the communal forest (Lejuc Forest) for another forest located on the territory of the village of Bonnet.

Several Mandres-en-Barrois inhabitants have asked the Nancy administrative tribunal to cancel the agreement.

On February 28th 2017, the administrative tribunal canceled the agreement.

The administrative tribunal court order:

First of all, even though the village denied the petitioners a legal interest in contesting the ruling approving the exchange of the forest, the tribunal considers that the petitioners indeed had a legal interest, as of their village tax payers status, in asking for the cancellation of a ruling which impacted the village finances and affected the village estate management.

The tribunal then takes note of the general code for territorial collectivities article L. 2121-21, which authorizes secret ballot votes, but only under the condition that at least one third of the town councilors present on the day of the vote be asking for it. Moreover, according to jurisprudence, it is then the collectivity responsibility to establish that the councilors present asked for it or at the very least agreed to the mayor’s suggestion of secret ballot voting.

The tribunal however considers that the collectivity did not bring proof of the latter even though the vote modalities were added retrospectively on the session report. The tribunal thus considers that the ruling was adopted in an irregular fashion.

A procedural violation, however, only cancels a ruling if it deprived the interested parties of a guaranty or was susceptible to influence their decision.

In this particular case, the tribunal considers that the procedural violation, which enable the voters to disobey the general rule of public transparency, deprived the public of the guaranty to know and understand the meaning of the vote of each elected town councilor.

The tribunal thus cancels the ruling of July 2nd 2015.

As a conclusion, the tribunal indicates that the procedural violation being here condemned can be adjusted and thus requires the village of Mandres-en-Barrois to adjust it within for months by adopting a new ruling approving the terms of the forest exchange. Should it fail to do so, the village must cancel its agreement with ANDRA entirely.

Court Order n° 1503615 M. X ….. /Mandres-en-Barrois village, February 28th 2017

This is a new defeat for the Andra, our anger is legitimate !

Among the other news this weeks, the police have been quite present in the village and around, numerous complete car checks on the roads around the house (with special authorizations from the prefecture, especially on last thursday 23th and saturday 25th). Be careful if you’re passing by !

 

February 8th – Emergency : cops near the forest and at “Gare de Luméville”

Emergency!

The audience about the expulsion of the Bois Lejuc takes place today at he court in Bar Le Duc, but cops have already come at the north and south barricads. We need support!

They are also at the “Gare de Luméville”, destroying the barricads surrounding the fields.

10h – the road is cut between Mandres and Luméville. Police has an authorization for taking people’s ID even in the cars, and they make drive back. To help protecting our fields, park in Luméville and walk.

10h15 – Cops have left the southern barricade, after removing the tires. It’s ok there.

The field near the “Gare de Luméville” is under a huge pressure. A machine is destroying the barricads and the trees we’ve planted in novembre. Our friends are in the field for protecting the cultures of wheat. We need people here!

10h30 – Police has left after removing the barricads. They don’t seem to like tires, at all…

No cops around anymore for now. Maybe they just wanted to put some pressure on us. Do they try to scare us at the very moment where they are losing their wood?

Bure: Once again, the ANDRA tries to force its way through

E.Hance, head of the ANDRA’s outside operations, pouring gasoline on militant protecting the access to the forest.

This morning, the ANDRA tried once again to get into the Lejuc forest to clean up what is left of the stone wall they built, a construction that was judged illegal on the 1st of August. We are declaring the legitimacy of our opposition to what is just a communication operation.

 

At 9.10 am this morning, a mechanical digger, two trucks with trailers, a bailiff, some watchmen and the communication service of the ANDRA came to “clean the forest”. Why didn’t they do it this summer, when the forest wasn’t occupied? The fact that they’re coming just a few days before the “rehabilitation’s” legal due date  shows us that this is just a media circus to try and make up for their serious mistakes.

They came last Monday with trucks full of rubble, which means they’re not just trying to clean the forest, but to keep working on it for the CIGEO project. The cleaning is just a necessary step for them to be able to keep on destroying the forest.

They pretend doing everything in their power to keep these operations peaceful. We find it hard to believe after seeing E.Hance (head of public relations and executor of the ANDRA’s dirty work) driving his truck towards a militant last Monday or, this morning, pouring gasoline on a barricade that several people were defending with only their bodies. We will not give in to intimidation, nor threats.

We are fighting to preserve the forest, so that it can stay under ownership of Mandre-en-Barrois’s inhabitants. As the state prosecutor declared yesterday, the transfer to the ANDRA reeks of illegality. The audience tomorrow should confirm that the ANDRA has no place here.

We are fighting against the CIGEO project, in which the forest destruction is just a step.

We won’t let ourselves be atomized, and the Lejuc forest will stay to those that care about it!

 

Friends of the forest, enemies of the atom.

Sven is summoned at the court (TGI) on the 11th January

If Sven Lindström is summoned at the court of Bar-le-Duc, it’s because he declared himself inhabitant of the freed forest of Mandres-en-Barrois. The Andra* intends to move him away. It calls into question the salubrity and comfort conditions of his home. Yet, neither him nor anyone else lacks of conveniences into the forest, even better, there’s space to welcome new projects.

The lawyer in charge of Sven’s file is studying a request to delay the audience. Anyway, your support on this day will be appreciated ! The eviction threat is coming back through legal procedures. We stay together and we’ll try to give news asap !

 

*National agency which takes care of nuclear waste, in charge of the Cigéo project.

Bure : the force is with us !

We relay here the text of a friend  who came for the winter solstice party in the Bois Lejuc and the joy was contagious. Not easy to translate, especially the slang, excuse us if it’s not very clear !

“What happiness, after having struggled in thick fog for an hour, to arrive at night in the forest occupied by the valiant resistant fighters and to be able to warm up around a camp fire, surrounded by nothing that good mugs.” Good mugs ready to sing, drink eat food brought by everyone and howling in rage if the enemy comes, some good mugs, they are dozens and dozens in this magical forest magic, busy now for 6 months, to the great rage of Andra, nuclear industry, public authorities and local representatives at their feet.

Good God it’s good to continue to beat them!

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I’m greeted by a good home-made punch which immediately puts me in the mood. And after we talk! And with us, their rotten society takes a hit! Here people come from everywhere, from here and there. In addition to neighbours, there are people from all France but also abroad… human beings who don’t care about borders and who are there to fight the worst nightmare ever imagined by capitalism: bury highly radioactive waste 400 m below ground!

The worst nightmare because the poison that they’ll put here, nobody knows nor when or how, by what paths, by which gaps it’s gonna come back right in the face of the planet, no one knows what will be the scale of the damage that it will produce, this poison, on plants, on human beings animals humans and where? Where to hide? going out to the East, West, in Champagne, in the Paris region, in Nancy, everywhere?

 The only thing we know, it’s that it will come back, maybe even tomorrow, and this time, we’ll have no chance to control anything. So we fight. And we’ll fight to the end of the end. Because if there is no good solution with nuclear power, the worst of the worst of the worst, it’s indeed landfilling and giving up hope.

And what is beautiful is that people settle in, in the forest but also all around, at the house of resistance, at the station, in new places rented or purchased, some say they come for 6 months, others for one year, others for 8 days, others forever, who cares we’re all here, more and more, and we’ll win. We will win because we have the enthusiasm and the rage so that the bastards on the other side only have their power and their money. (and they have less and less money because EDF and Areva are on the verge of bankruptcy).

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That said, it was the winter solstice party, it was cold and we wanted to show that nothing could stop us, not the cold, the fog or rain. That’s why we were dozens and dozens. In support of the courageous and brave permanent of the forest. I wanted to sleep at the top of a tree, 25 or 30 m high (there are plenty of tree houses) that was my dream, but because I had never climbed, I was advise against trying at night. So wisely, I slept at the communal, it is a nice house on the ground, made from wooden pallets (see photo) you can see the stars when there is some. Wrapped up and after the schnapps, a very very good friend next to me to talk, and redo the world, just nothing but happiness.

The morning sleep well deserved, wake of the body at 10: 00, and extraordinary breakfast with black and white blood sausages on the grill. After:climbing workshop (see photo of the lens) but pitiful failure for me, even less flexible than a piece of wood. But I’ll come back dressed properly!

It’s nothing when we leave Bure, stars in the eyes, and we know, we feel that the world can change! not only here in Bure but everywhere because we are millions to want it. Go there to make a tour and you will see as well, we can spend the new year (there is a party) and all week-ends (see this link: http://en.vmc.camp/) Long live the struggle! Long live the hope! Down capitalism! Down their projects rotten! Down the borders! Down the walls! (It is still on the ground, as the symbol of their meltdown) and down Cigéo! “