The conviction of Hubert Falco, the former mayor of Toulon, has been upheld as definitive by the Court of Cassation, following a decision rendered on Wednesday concerning his appeal against a ruling by the Aix-en-Provence Court of Appeal from May 14, 2024. Falco has been found guilty of 'receiving misappropriated public funds' to the detriment of the Var departmental council.

His sentence includes eighteen months of suspended prison time, a €30,000 fine, and a five-year ineligibility period for public office.

The provisional execution of the ineligibility sentence was ordered at the time of the initial judgment in April 2023 in Marseille, which was subsequently confirmed by the appeal court.

However, the Court of Cassation annulled this provisional execution, citing inadequate justification for the measure.

Nonetheless, as the foundational decision regarding guilt remains intact, this annulment does not affect the enforcement of the sentence, meaning no retrial will occur.

Falco's term of ineligibility will not be completed until 2028, which precludes any possibility of candidacy in the upcoming municipal elections scheduled for March 2026.

In response to the court's decision, Thierry Fradet, Falco's lawyer, stated that they were aware of the implications of the ruling but lamented that it was too late to reverse the situation.

Fradet emphasized that Falco had already served a two-year ineligibility sentence deemed unconstitutional, according to the Court of Cassation.

Fradet expressed distress over the outcome, noting that the electorate had been deprived of their elected mayor.

He acknowledged the support Falco has received from the community, referring to the local populace as a 'silent majority' that has continuously expressed loyalty and solidarity with the former mayor.

He also referred to a 'mithridatization' of society, suggesting an adaptation to frequent political and judicial controversies.

The case, known as the 'fridge affair,' involved claims of improper reimbursement for meal and dry cleaning expenses by the departmental council benefitting Falco, who did not reimburse the collected damages to the council.

In related sentences, Marc Giraud, a former president of the departmental council, has also been found guilty of public funds misappropriation, receiving a twelve-month suspended prison sentence, a €15,000 fine, and a five-year ineligibility sentence.

Additionally, three former officials from the departmental administration received fines of €10,000 with suspension for their involvement in this matter, having admitted their culpability during the proceedings.