Paris (AFP) – The road opened Tuesday for the name change wanted by former President Nicolas Sarkozy for Rebuilding the UMP, which is to become Republicans Saturday, justice refused to rule urgently a prohibition application.
The High Court of Paris, lodged an urgent application (emergency procedure) by four parties or associations and 143 individuals left, took the view that the “trouble manifestly illegal “and” imminent harm “cited by the complainants were not proven, referring the case to a possible referral of a judge of the background.
For the court, the arguments exchanged” fall public debate “and the plaintiffs do not demonstrate” personal trouble and live. “
Nicolas Sarkozy would react according to his entourage at a rally near Le Havre on Tuesday night. But even before the announcement of the judgment it had found “implausible” procedure. “We are still in a country where the left trying to fix the name of the opposition party. This is particularly the federation of elected socialists who made recourse to justice,” said the boss of the UMP, before the members of his training as gathered every Tuesday before questions to the government. This is exactly the National Federation of Socialist and Republican politicians.
“We’ll probably call”, for his part said one of the applicants’ lawyers, Christophe Lèguevaques after the decision . But it is not however clear that such a procedure can take place before the congress “founder” who is to vote Saturday activists, called to vote Thursday and Friday on the new statutes and the name of the party.
Me Lèguevaques estimated that an appeal would include establishing a “personal and direct harm” the complainants. And reiterated their intention to take legal action on the merits, which however would take many months. “The Republicans are all French and no party whatsoever has the right to appropriate,” said he insisted
-. ‘A Name’ –
Daniel Fasquelle, treasurer of the UMP, present at Courthouse Paris, welcomed him: “The motto of our Republic is Liberty, Equality, Fraternity Well today c. is the freedom that triumph, freedom for the UMP to choose his name, Republicans. Of course it is not to exclude anyone and tomorrow those who are not members of our movement will have consider Republicans. “
Among possible appeal and substantive proceedings, judicial party is in any case far from over.
But by then,” we have changed name, and it would intervene anyway in a year, year and a half at best “notes with satisfaction Me Rémi-Pierre Drai, a UMP lawyers.
The plaintiffs accuse the party of the former president of “appropriating a public good” with this new name and thereby to exclude an entire segment of the field of citizens of the Republic.
But they had to demonstrate What this change would violate the law. They argued that the UMP would deliver such an “indirect denigration” of other political parties, the use of the definite article “the” implying that only this party is Republican. And that the filing by a communications agency close to the UMP representing this new three logos “brand” violates trademark law.
Two points on which the court refused to follow them, believing there yet only the trial court could rule.
The lawyers bringing the complaint had assured that their approach was not political. But the presence of left parties and socialist figures like former ministers Jean-Louis Bianco or Christian Sautter, among the plaintiffs had to denounce a political maneuver to the UMP, including the CEO, Frédéric Péchenard, lambasted a ” shameful political stunt “.