Upon the resumption of direct management of port concessions by the Commune, the Municipal Council deliberated on 9 December 2021 to set the mooring and port service tariffs for the year 2022.
This tariff schedule was developed and adjusted based on the rates applied by the ASP and PG1, with the tariffs of the former communal port remaining unchanged.
The former concessionaires contested this tariff schedule, systematically appealing against the Municipal Council's deliberations.
In a judgement rendered on 18 July 2024, the Administrative Tribunal of Toulon partially annulled the deliberation of 9 December 2021, specifically concerning the annual 2022 tariffs (excluding the mooring basin – communal port) and the port service tariffs.
Indeed, while the tribunal acknowledged the Commune's ability to set different rates for the former communal port due to differences in the services offered, it deemed the tariff disparity with other annual moorings in the port to be too significant.
As a result, the ex-concessionaire fee of €20/m² is unaffected, and the other tariffs (daily, weekly, monthly, etc.) were not annulled.
The Commune is currently assessing the impact of this judgement on the annual tariffs; the tariff schedule will need to be readjusted, likely resulting in an increase in the annual mooring fees for a number of boat owners.
This action by the ASL thus has no impact on the owners of Port Grimaud, except for perpetuating an atmosphere of mistrust and the vicious cycle of litigation and legal costs for everyone.
As a reminder, by decision dated 30 May 2024, the Tribunal deemed the Commune's decisions to terminate the port concessions and opt for direct management to be legal. The Tribunal considered that the Commune was within its rights to terminate the port concessions and that it complied with all legal requirements in doing so.