French Council of State Rules Public Entities Must Preserve Artworks 'In Good Condition'

Key facts

• Raymond Sudre (1870-1962) was a student of Alexandre Falguière and Antonin Mercié.
• Sudre won the Second Grand Prix de Rome in 1900 for his statue of David.
• The commune of Baixas commissioned Sudre to create a fountain to commemorate the completion of the town's water supply.
• The fountain, 'La Catalane,' was inaugurated in 1909 and won a gold medal at the Salon des Artistes Français.
• On May 10, 1931, the statue's head broke off under the weight of a child.
• The mayor ordered the fountain's destruction.
• The Council of State ruled on April 3, 1936, that the dispute fell under administrative jurisdiction.
• The Montpellier Prefecture Council ordered the commune to compensate Sudre on December 9, 1936.
• The 2006 'Agopyan' decision allowed alterations to artworks if strictly necessary for legitimate reasons.
• The 2017 Cour de cassation validated extensions to the Musée de l'Arles antique without architect Henri Ciriani's consent.
• Courts have condemned Beaucaire for letting Roselyne Erutti's fountain deteriorate.
• Courts have condemned Tourcoing for unauthorized work on Armand Debève's sculpture.
• Courts have condemned Hayange for repainting Alain Mila's fountain blue.
• Since the 2011 law, intellectual property disputes fall to judicial courts.
• Claims for in-kind reparation of public works remain with administrative courts.