The Stéphane Moreau Nethys Affair: Uncovering the Consequences and Court’s Judgment

2023-10-26 16:00:00

On March 29, 2018, a double decree from the Walloon region comes into force. He intends to restore order in public organizations or “strengthen governance and ethics within Walloon organizations”.

This decree reduces the remuneration of managers. From now on, the ceiling is set at 245,000 euros gross annually. This is much less than what the bosses of Liège and Nethys airport perceived at the time.

At Liège airport, Luc Partoune’s annual salary is 430,000 euros per year. He was warned that his remuneration was going to be seriously reduced, he opposed this and took the matter to the Liège labor court.

In February 2020, the court declared the action unfounded. Luc Partoune insisted, he appealed and two years later, the Labor Court questioned the Constitutional Court on the right to property which might have been violated by the new Walloon provisions.

Also read Patrick Dupriez, co-president of Ecolo, offers his solution to remove Stéphane Moreau from Nethys and Publifin

On October 19, the constitutional court delivered its judgment. In 20 pages of very technical considerations, it recognizes that “the provisions in question pursue an objective of legitimate general interest, namely the strengthening of trust between the public authority and the citizen and the guarantee of good governance and good management of public funds.

The salary ceiling is therefore not called into question, but can it be applied to current contracts and if so when? this is where the constitutional court contradicts the Walloon region by referring to the constitution and the European convention on human rights. She believes that a “reasonable” transitional period must be provided when a current employment contract is affected. Two articles of the Walloon decree, the court concluded, “violate article 16 of the Constitution”.

For the former CEO of Liège airport, it is a victory. He will be able to claim before the Labor Court the remuneration which has not been paid to him.
But this judgment should also have consequences for the entire Néthys management committee, including Stéphane Moreau.

As far as he is concerned, his remuneration was almost divided by 4. It went from 839,000 euros per year (a figure he gave to the Walloon parliamentary commission of inquiry) to 245,000 euros. As compensation, Stéphane Moreau and the other members of the management committee receive colossal severance pay, i.e. 8.6 million gross for Stéphane Moreau, a sum since seized by the courts.

For the prosecution, these compensations aim to circumvent the Walloon decree. This resulted in charges of misuse of corporate assets, criminal conspiracy and money laundering. It is on this basis that Stéphane Moreau was detained for 20 days.

But today the decree is partly rendered obsolete by the Court’s judgment and at the same time, its consequences are disappearing. In other words, an entire criminal aspect of Stéphane Moreau’s case risks falling by the wayside and ending with a dismissal of the case.

His lawyer, cautiously, takes note of the judgment and, he says, awaits a decision from the general prosecutor’s office. He simply says that we still need to study the implications of the recent ruling. There remains the other aspect of the criminal investigation once morest Stéphane Moreau, namely the hasty sale of the Voo, Win and Elicio subsidiaries. On this point, the investigation continues.

Also read The Parliament of Wallonia in court to support the five deputies assigned by Nethys

Recall of facts

Since the start of the Nethys affair, Stéphane Moreau has spoken little, but when he spoke before the Walloon parliamentary commission of inquiry, he defended his strategic choices and took refuge behind political choices. “These are board decisions. I am not as powerful as some people say”did he declare.

In December 2016, the Nethys affair was triggered by the mayor of Olne, Cédric Halin (who was alderman at the time). Whether they are present or not, representatives are handsomely paid to attend sector committees of the Publifin intermunicipal association. “We noticed that generally, it is information that is given to the agents. There is generally quite little reflection that takes place during these meetings”revealed Cédric Halin.

Over 3 years, several thousand euros of public money were paid to the agents. The affair outraged public opinion and shook the political world. “We wonder in what world do these representatives who receive exorbitant sums live. Up to 500 euros per minute of meeting…”, had declared Stéphane Hazée (Ecolo).

The compensation of Nethys executives is also revealed. Notably those of Stéphane Moreau: 839,000 euros gross per year. The former mayor of Ans, now boss, put things into perspective: “It’s in the same vein as what is practiced at Luminus, at Sonaca and at the FN,” he emphasized.

Stéphane Moreau was criticized for the sale of two subsidiaries, Win and Elicio, to one of his close friends, the Liège businessman François Fornieri. Problem: the latter was also an administrator of Nethys. The sale was canceled by the Walloon government. “An administrator who buys a company is extremely common in the private sector,” declared Stéphane Moreau.

February 2021, it was on foot and with his face hidden that the former boss of Nethys left Marche-en-Famenne prison, where he was incarcerated. Indicted for embezzlement, misuse of corporate assets, forgery and use of forgery and fraud, he has since been particularly discreet.

Stéphane Moreau Nethys Affair

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