Should colleges always offer a canteen service?

Since 1^er In January 2005, the restoration mission in the colleges was transferred from the State to the Department (Law of 13 August 2004 on local responsibilities and freedoms).

In this capacity, one municipality wished its department to take on its own account the expenses related to the catering service of its college and thus refer the matter to the Administrative Court of Appeal.

The latter condemned the Department for believing that these expenses were indeed borne by it, as they were considered mandatory.

But the Conseil d’État (Council of State) set aside the judgment under appeal and its reasoning. In his view, although the legislature intended to transfer from the State to the departments the responsibility for the catering service in colleges, it did not intend on that occasion to transform that public administrative service, which had hitherto been optional, into a compulsory public service.