Administrative law, liability without fault, force majeure, public works, commune liability, storm damage, Administrative Court of Appeal of Toulouse
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Abstract
The Toulouse Administrative Court of Appeal rules on a commune's liability for damages caused by a storm, rejecting the commune's claim of force majeure.
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[...] The rejection of the unpredictable nature by the Administrative Court of Appeal It was judged that "considering both the periodicity ( . ) and the intensity, certainly particular but not unprecedented, of this event, the latter did not present an unpredictable nature." After recalling the principles of the faultless liability of the contractor as well as the means to exempt from his responsibility, the judges applied the classical elements of force majeure, namely its unpredictability (event that cannot be predicted), its irresistibility (event that cannot be overcome). [...]
[...] This position of the judges of the Court of Appeal seems to be in line with the times. In fact, the judges have adopted a pedagogical position. In other words, they invite the commune and communes in general to face any natural event, here, stormy. The communes are therefore responsible, although they have not committed any fault. This position is therefore relatively strict for the commune, but it is necessary in that the said commune is best placed to counter any damage emanating from its buildings. [...]
[...] The Toulouse Administrative Court ruled on April It condemned the commune to pay the sum of 204,256.41 euros in compensation for their damages. The commune appealed the judgment. It asks the court to annul the judgment rendered by the Administrative Court, to reject the request of the consortium. It puts forward an exemption from liability based on force majeure to the extent that the storm was of exceptional intensity and presented an unpredictable and irresistible character. The question that arises in this case is the following: Is the storm that struck the bell tower of a church causing damage to a funeral vault an event of force majeure that can exempt the commune from its liability? [...]
[...] In addition, the administrative court judges of Melun also went in the same direction in a later decision, rendered on March (n°1910954). In this case, a commune was affected by violent weather conditions causing a flood. A resident was injured in both legs as a result of the collapse of the retaining wall of his property. The judges recalled that the causal link is a quite indispensable element to the engagement of the liability without fault of the public works owner for lack of maintenance of a public work in case of exceptional risk. [...]
[...] Administrative Court of Appeal of Toulouse March 2024, n° 22TL21250 - Does a storm causing material damage constitute an act of force majeure that may exempt a commune from liability? ADMINISTRATIVE LAW GENERAL - SESSION LIABILITY WITHOUT FAULT Commentary on the judgment: Administrative Court of Appeal of Toulouse - 3rd Chamber - 5 March 2024 - n° 22TL21250 Maurice Hauriou wrote in 1933, in The elements of the administrative regime, that "Administrative law is defined by its power relationship between the administration and the administered. [...]
