In an order of October 13, 2021, the summary judge of the administrative court of Rennes “rejected the request for the suspension of the execution of the decree of the maritime prefect of the Atlantic which regulated, on a temporary basis, navigation and maritime activities in the bay of Saint-Brieuc during the execution of the construction works of a wind farm at sea by the company Ailes Marines ”, indicated the court, this Thursday, October 14th.
Contradictory debates at the hearing on October 7
The departmental fisheries committee of Côtes d’Armor had seized the administrative court of Rennes, in summary, to request this suspension of the order and, consequently, of the drilling work of the Aeolus, the platform boat that uses Ailes Marines for the construction of the wind farm in the bay of Saint-Brieuc. The case was raised in court on October 7.
No serious doubt about the legality of the decree
The departmental fisheries committee “drew an argument from the leak of polluting material noted, during the summer, on one of the vessels used by the company Ailes Marines and in charge of the drilling activity, to estimate that the decree of maritime prefect ignored the precautionary principle set out in the Environmental Charter, failing to exclude this building from the possibility of participating in the work ”.
The summary judge dismissed this argument “by noting that the conditions for carrying out the work were outside the scope of the order of the maritime prefect which relates only to the safety of the various users of the maritime area concerned”. “None of the grounds raised being of such a nature as to create serious doubt as to the legality of this decree, the request for suspension of its execution was rejected”, concluded the summary judge in his order of 13 October.
The Fisheries Committee maintains its appeal in excess of power
For their part, the lawyers of the Côtes d’Armor fisheries committee believe that “this very questionable argument has the effect of avoiding the substantive debate on the pollution of the Aeolus vessel”. “Almost four months after the first leak, the environmental consequences of the hydraulic oil spill at sea are still unknown”, maintain Me Bourdon and Brengarth, who confirm that the fisheries committee “maintains its appeal in excess of power against the arrested attacked ”.
The wind farm worksite will be interrupted anyway, from October 31 until March 2022, the time of the scallop fishing campaign on the main deposit of the bay of Saint-Brieuc, but also because the winter conditions do not allow the work to continue in good conditions.