Hubert Falco finally convicted in the so-called "fridge" affair

Hubert Falco's conviction in the so-called "fridge" case is now final . The Court of Cassation ruled this Wednesday afternoon on the appeal by the former mayor of Toulon against the judgment handed down on May 14, 2024, by the Aix-en -Provence Court of Appeal.

Hubert Falco was found guilty of "concealing the misappropriation of public funds" to the detriment of the Var departmental council. He was sentenced on appeal to an eighteen-month suspended prison sentence , a fine of 30,000 euros and a five-year ineligibility period .

The provisional execution of this deprivation of the right to eligibility had been ordered upon the judgment rendered at first instance, in April 2023, in Marseille and confirmed on appeal.

This provision alone was annulled by the Court of Cassation on the grounds that it was insufficiently motivated. However, since the decision is now final on the merits, the annulment of the provisional execution has no effect on the application of the sentence. There will therefore be no new trial.

The ineligibility will therefore be completely lifted by 2028 at the latest. Too late to consider running in the next municipal elections to be held in March 2026.

"The voters were deprived of their mayor"

" We have just learned of the Court of Cassation's decision partially overturning the Court of Appeal's ruling without referral. In short, we were right, but it is too late to turn back ," reacted Thierry Fradet, the former mayor's lawyer.

" Hubert Falco served two years of a sentence of ineligibility imposed with provisional execution under conditions contrary to the Constitution. The Court of Cassation expressly notes that the Court of Appeal did not justify its decision . As for the voters, they were deprived of their mayor, even though he was overwhelmingly elected in the first round. This is duly noted ."

"It now seems to be customary to publicly criticize court decisions. We will not do so. I would like to point out that we are convinced that the judges who had to rule in this case did so in all conscience, based on what seemed fair to them. And this must be respected, even if we do not agree, in particular, with regard to the disproportionate nature of the sentence, not to mention the conditions of its execution ."

"It's hard!"

And Mr. Fradet continued: " At this time, Hubert Falco is definitively condemned and ineligible. It's hard! Because beyond justice and politics, there is the man who is affected. If he has been able to hold out until today, it is largely thanks to the support of the vast majority of the people of Toulon. This silent mass, as he likes to call it, has never ceased to express its attachment and unwavering solidarity to him."

"To try to explain it, I spoke at a recent hearing about a mithridatization of society in the face of the proliferation of political and legal cases and the press articles echoing them. But perhaps, more simply, people know deep down what kind of man Hubert Falco really is. And then perhaps they also tell themselves that happiness is not the misfortune of others..."

"I would like to thank my colleague Farge, a lawyer at the Court of Cassation, for his cooperation. We will analyze this legally unprecedented situation with hindsight ."

Epilogue: Five people sentenced

The refrigerator case concerns food and dry cleaning expenses unduly incurred by the departmental council for the benefit of its former president, Hubert Falco. The local authority had not claimed compensation for its losses.

Marc Giraud, former president of the departmental council, was sentenced – also on appeal – for "misappropriation of public funds" to a twelve-month suspended prison sentence, a €15,000 fine and five years of ineligibility.

Three former departmental administration officials were also sentenced in March 2022 for "embezzlement of public funds" or "complicity" to a suspended fine of 10,000 euros, following a plea bargain.