Conflict with the Confederation of Crédit Mutuel: Arkéa loses a round before the Council of State – Brittany

The Council of State decided not to transmit the Priority Question of Constitutionality (QPC) that the Arkéa group wished to submit to the Constitutional Council.

New episode in the conflict which has opposed for several years the Breton bank and the Confederation of Crédit Mutuel, the object of this request was to validate the fact that a decision of a general nature, taken by the board of directors of February 2 of the Confederation, “affected his right to undertake”. A right precisely guaranteed by the Constitution.

In its judgment, the Council of State recalls on the contrary that “the legislator could, without ignoring the extent of his competence under conditions affecting the freedom of enterprise, the contractual freedom or the right of property of the affiliated entities, and to the sole purpose of guaranteeing the stability of the financial system and the protection of depositors, members and investors, endowing the Confédération Nationale du Crédit Mutuel with organizational and management powers over the funds it represents and the regional federations to which they are required to join ”.

In other words, the too great autonomy granted to a region could call into question this cooperative regime, by uniform definition.

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