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Abstract
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Abstract
The Court of Cassation clarifies conditions for sports association liability due to member acts, affirming the need for a fault.
Extract
[...] It is also observed that the Court of Cassation has constantly reiterated the requirement of fault. Although it is a judicial confirmation, the solution is incomplete. Indeed, according to the plenary assembly, a fault would be characterized by a violation of the rules of the game attributable to a member of the association. However, there is ambiguity regarding the precision. Is a distinction between a civil fault and a technical fault necessary? What about unwritten rules? What about the assessment of the fault? [...]
[...] The liability of the sports association cannot, however, be engaged because the conditions for implementing its liability are not met. II- The absence demonstrated of responsibility of a sports association due to one of its members The solution provided by the full assembly is favorable to the sports association however, although confirming a previous jurisprudence, is incomplete A solution favorable to the sports association The responsibility based on article 1242 paragraph 1he The Civil Code is a liability of right. [...]
[...] The sports association then files an appeal with the Court of Cassation. It considers that no violation of the game rules has been demonstrated, nor any fault characterized. Thus, it cannot see its liability engaged due to the damages suffered by the victim. For the engagement of the liability of a sports association due to the act of one of its members, is it necessary to characterize a fault or is a simple damaging fact sufficient? By a judgment dated June the full bench of the Court of Cassation examined the article 1384, paragraph 1it of the Civil Code, quashed the challenged decision. [...]
[...] Court of Cassation, Plenary Assembly June 2007, n°06-18.141 - For the purpose of engaging the liability of a sports association due to the act of one of its members, is it necessary to characterize a fault or is a simple damaging fact sufficient? The Napoleonic Code established cases of liability for the act of another, whose list was exhaustive. It concerned teachers, principals, and parents. It seemed opportune, for the Court of Cassation, in cases not falling within the scope of the law, to derive a general principle of liability for the act of another by a Blieck ruling. [...]
[...] It retains in this sense, by a judgment dated May that the 'liability of a rugby club for damages caused during a match by an unidentified member of its team to a member of the opposing team', without defining the fact generator. Furthermore, it is not necessary to identify the author of the fact generator to engage the liability of another person against a moral person. Making an analogy with other liabilities of another person, a causal fact is sufficient for parents (Cass. [...]
