On May 11th 2009, a bailiff mandated by the association CODEPAF found some alleged irregularities in the legal advertisement of the construction site of a new mosque in Bayonne. Furthermore, some multiple irregularities were alleged by CODEPAF to be found in the building permit application and in the process of awarding the permit itself.

CODEPAF then filed a motion to cancel the building permit at the administrative tribunal of Pau. They also seek an emergency court order to suspend the construction of the building awaiting the decision on their motion. On August 14th 2009, the administrative tribunal of Pau dismissed their application for an urgent court order, under article L521-1 of the code of administrative justice. This decision was not motivated.

On August 16th 2009, the applicants filed their case with the ECHR arguing a violation of article 6-1 of the Convention.  The application is completed on October 21th 2009 and pending. The applicants are represented by Me Philippe Fortabat Labatut.