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A prefecture in south-west France is seeking to reverse a recent court ruling restoring the right to vote in EU elections to a British resident, The Connexion has learned.

Lawyers for former UK civil servant Alice Bouilliez had hoped that the period allowed for an appeal to be lodged had elapsed with none being made. 

However, it has emerged that an appeal was lodged to the top French appeal court the Cour de cassation on the last day of the window for appeal.

It came after the court of Auch, Gers, ruled that Mrs Bouilliez should be placed back on the EU electoral lists (she was removed due to Brexit) and that the state should pay her 鈧�5,000.

Read more:  Briton wins right to be on EU electoral roll in historic French court ruling

鈥淲e were just a few hours off from all being well,鈥� said her lawyer Julien Fouchet.

鈥淪o, we鈥檙e off again. I鈥檓 fed up that there was an appeal to the Cour de cassation at the last moment.鈥�

He added: 鈥淲e can still win again in Paris before the Cour. It will be very difficult, but it is possible. We won鈥檛 give up.鈥�

The appeal by the prefecture of the Gers calls into question the legal principles relied on by the Auch court鈥檚 ruling and asks that the Cour de cassation review them.

It alleges, among other points, that the court incorrectly interpreted certain rulings of the European Court of Human Rights (ECHR) and principles enshrined in the European Convention on Human Rights.

It thus asks that the judgement be quashed, and that Mrs Bouilliez be asked to pay the state 鈧�4,000.

Among the arguments advanced by Auch in its ruling was that voting is protected by the human rights convention.

It also said that the ECHR in previous rulings had recognised a principle that EU laws should not cause disproportionate effects on people鈥檚 lives.

It took note of Mrs Bouilliez鈥� long residency in France (since 1984), marriage and children with a French man, and farming work in France, saying that she therefore 鈥渇ully participates in the European body as a permanent resident on the territory of a member state鈥�.

Her post-Brexit loss of voting rights was thus a 鈥渄isproportional attack on [her] rights and liberties鈥�, Auch ruled.

It said she had also faced a 鈥榤oral impossibility鈥� of taking French citizenship due to an oath she made to the British Crown in her civil service work.

In its appeal, the prefecture argues that the circumstances Auch advanced as giving rise to a 鈥渄isproportionate attack鈥� are too 鈥渢enuous鈥�, furthermore the principle of proportionality rested on European Court of Justice (ECJ) case law rather than the ECHR, it said.

The appeal states that the right to vote in EU elections should be tied to EU citizenship, so that only those with the full rights and responsibilities of this citizenship should be able to influence the European Parliament.

It notes that French voting law makes reference to 鈥渃itizens of EU member states other than France living on French territory鈥� as those who may vote in EU elections along with the French.

The prefecture also recalls in its appeal two negative rulings that were given by the ECJ with regard to Mrs Bouilliez鈥� case, which had centred on her loss of EU citizenship and its related rights including local and EU election votes.

The ECJ added that it made no difference whether or not there were national rules in place in the non-EU citizen鈥檚 home country depriving them also of voting rights there, as was the case under the UK鈥檚 former rule banning Britons from voting after 15 years away.

Auch should therefore have followed EU law as interpreted by the ECJ, the prefecture states.

Mr Fouchet said: "I expect to be able to plead the case in Paris and will ask for confirmation of the Auch judgement and, in case of any doubt, that they send it with any questions to the ECHR 鈥� not the ECJ.鈥�

He said donations towards the expenses of the case, which he has been working on pro bono, can be made at this page.