quill.gif (3183 bytes) Andriveau , Arrêt rendu par Cour d'appel de Paris, 2e ch. B, 2 avril 1998 (publication: Recueil Dalloz 1998 Informations rapides p. 135)

Facts : the applicant was a French genealogist who required the access to births and deaths information. In particular he wanted to have access to the declarations of inheritance after the death of a person in order to establish the succession of the deceased person. This was refused by the court of first instance (decision of the Tribunal d'instance de Paris 10e ch. 12 janvier 1998 (Réformation)) so he appealed the decision to the Cour d'Appel de Paris

Holding: the Court granted the plaintiff access to the information in question

Reasoning: under article L. 106 LPF (code de procedure fiscale), information concerning births and deaths of people occurring in the past 100 years can only be delivered by authorization from the judge of the "tribunal d'instance". The bill n° AD 91-9 of December 12, 1991 written by the Minister of Culture and Communication states that professional genealogists can be granted access to that kind of information as other regular French citizens, pursuant to article L. 106 LPF. Accordingly the plaintiff should have been granted to such information.

 

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