Since 2019, the Emeraude project, envisioned as the most eco-responsible hotel in the Caribbean, has been intended to rise on the ruins of the former Émeraude Plage establishment, destroyed by Hurricane Irma, in Saint-Barthélemy. Successively challenged by environmental associations and then by competing establishments, this ultra-luxury concept backed by the Champagne Hospitality group (owned by American investor couple Denise Dupré and Mark Nunnelly) has repeatedly had its building permits blocked by the courts.
A ruling handed down on Tuesday 7 July 2026 by the Conseil d’État reshuffles the deck on the case. It benefits a group already well established in France, with Le Royal Champagne and Château de La Commaraine in Burgundy, as well as the Barthélemy Hôtel & Spa in Saint-Barth.
A ruling that clarifies the planning dispute
According to the Journal de Saint-Barth, the 7 July ruling clarifies and untangles the litigation surrounding the project, led by Champagne Hospitality’s subsidiary, Saint-Jean Beach Real Estate Invest. The Conseil d’État overturned the Bordeaux Administrative Court of Appeal’s ruling on two distinct legal grounds.
The fraud claim dismissed
The Bordeaux judges had found that fraud existed in order to annul the amended building permit granted by the Collectivité on 14 August 2024. The Conseil d’État formally dismissed this ground, finding that no fraud was established in the way the project’s planning permissions had been obtained.
Standing to bring a claim redefined
The higher court also reaffirmed the strict rules governing the admissibility of third-party appeals in planning matters. The amended permit had been challenged by four companies neighbouring the project — Solid Rock Property, Afternoontea, Eden Rock and Lil’Rock Beach. The Conseil d’État ruled that they may only contest it if they can demonstrate a direct, personal interest specifically harmed by the precise amendments it introduces.
Eden Rock – St Barths, a determined opponent.
Eden Rock – St Barths belongs to the British Matthews family (Jane and David Matthews), owners since acquiring the hotel in 1995. The property has been managed for around a decade by Oetker Collection, which operates it and includes it within its portfolio of luxury properties, without owning it.
AdvertisementThe hotel is also a member of the Relais & Châteaux network. This structure — family ownership with management entrusted to an international hotel group — is fairly common in Saint-Barth and distinct from the Champagne Hospitality model, under which the group is both owner and operator of its properties.
What the ruling changes for the case going forward
The ruling does not definitively validate the building permit: it refers the case back to the Bordeaux Administrative Court of Appeal, which must rule again, this time excluding the fraud claim and strictly examining the claimants’ standing to bring proceedings. According to the project’s legal counsel, a new ruling is expected within four to six months. A further hearing is therefore anticipated for November 2026.
A hotel developer already established in Saint-Barth
Emeraude is not an isolated project for Champagne Hospitality. The group already operates the Barthélemy Hôtel & Spa on the island, on Grand Cul-de-Sac bay, and it is through its subsidiary Saint-Jean Beach Real Estate Invest that it is pursuing this new project on Saint-Jean bay, several kilometres away. This proximity to several establishments on Saint-Jean bay partly explains why they, including Eden Rock, have followed the case so closely since the litigation began.
Saint-Barth also remains a market under regulatory pressure for large-scale hotel projects. The sale of the Rockefeller estate, also located in a natural zone and affected by Irma, had already illustrated the severity of the planning framework applied on the island to this type of land.
At a glance by The Hospitality Tribune
Project: Emeraude, an ultra-luxury hotel planned on the site of a property destroyed by Hurricane Irma in Saint-Barthélemy
Developer: Champagne Hospitality, owned by US investors Denise Dupré and Mark Nunnelly
Status: Blocked by litigation since 2019; amended building permit challenged by four neighbouring companies, including Eden Rock, Solid Rock Property, Afternoontea and Lil’Rock Beach
Ruling: France’s Conseil d’État overturned the Bordeaux Administrative Court of Appeal decision on July 7, 2026, dismissing the fraud claim and narrowing third-party standing rules
Next step: Case referred back to the Bordeaux Administrative Court of Appeal, with a new ruling expected within four to six months
Portfolio: Champagne Hospitality also owns Barthélemy Hôtel & Spa in Saint-Barth, Royal Champagne and Château de La Commaraine in Burgundy
