Favorable outcome for our legal procedure on the taxes generated by the chairlifts located in the Flaine area
The ruling is largely in our favour.
We will receive €1,500, for about €10k of total expenses, but the impact on the finances of the Syndicat Intercommunal de Flaine (SIF) (and also on the municipality in terms negative image) is very significant.
Two years ago, we estimated the impact at €300K/year and €1M in arrears which have since increased.
The taxes are based on the turnover of the contracts between the skilift operators and the villages, about which we do not have information for Samoëns and Morillon, and this prevents us for the moment to know the exact amount, but we have now made a request to access to the accounting documents.
This situation can be destabilizing for the commune of Arâches as it has been for Flaine for a long time.
The municipality of Arâches should have known that it was a breach to the by-laws of the SIF, we had written at the end of 2017, and the Mayor of Arâches had avoided the issue during a SIF board meeting on 29 November 2017 during which the problem was raised by a municipal council representative of Magland.
The judgment concerns all the chairlifts which arrive (or arrived) at the summit of Tête des Saix, plus the TS Molliets. Almost all of them are or were in whole or in part on the territory of Flaine, and no tax collected by the municipality is (was) paid to the SIF.
There are 8 chairlifts in that situation: TS des Molliets, TS Tête des Saix, TS de Coulouvrier, TS Chariande Express, and the former TS de l’Airon, TS des Gentianes, TS des Lanches, TS des Gouilles Rouges.
The municipality council of Arâches has widely diverted income normally due to Flaine.
The Court of First Instance objected to the municipality’s explanations for not remitting these sums to the SIF, despite the rules of the SIF by-laws.
The backward calculation starts 5 years before the first letter of our lawyer at the end of 2017 and the legal procedure at the beginning of 2018.
On the other hand, the Administrative Court did not recognize our request to change the name of the Carroz-1500 zone to Carroz-Flaine-1500 (this zone is largely on the territory of Flaine).
As soon as the accounts are cleared, we hope soon, the SIF will have the financial means to manage the Flaine resort more properly.
We will publish more details in a few days, some being reserved for our members who financed this operation.
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