Public work, liability regime, damage repair, Council of State, jurisprudence, administrative fault, faultless liability, public service mission, general utility
Reader
Abstract
Extract
of 5
Abstract
This document discusses the liability regime for public works, the identification of public works and victims, and the repair of damages related to public works.
Extract
[...] In other circumstances, one might have recognized her as a user if the victim had herself driven and passed over a level crossing, but there she is not using the work at the time of the occurrence of the damage. Furthermore, the student does not derive any profit. Therefore, it is the quality of third party that will be attributed to her at the time of the occurrence of the second incident. C. The identification of the damage caused to the victim as a third party Major: There are different types of damages divided into two categories: permanent damages and accidental damages. [...]
[...] It remains then the fact of the victim, in this case he was running on a wet and therefore slippery square, he put himself in danger, thus the administration could be partially exonerated insofar as it also committed a fault and it could have avoided the occurrence of the damage. II. On the repair of the damage related to the train accident A. The identification of the public work Major: For a property to be qualified as a public work, it must be both immovable and subject to development, these are the criteria established by the jurisprudence of the Council of State in 1975, Commune de Simiane la Rotonde. [...]
[...] Minor: It will be very difficult for the administration to be exempt from its liability in as much as the damage is predictable because the administration did not install a barrier at the level crossing to prevent cars from passing at the same time as trains. Thus, the exoneration cause of force majeure is ruled out. Furthermore, no act of the victim or of a third party plays a role in the occurrence of the damage. The administration will have to fully indemnify the victim. [...]
[...] It was previously necessary for the victim to demonstrate the abnormal and special nature of their prejudice. Since the jurisprudence of the Paris Water Management Society of the Council of State in 2008, the victim of accidental damage no longer has to provide proof of an abnormal and special prejudice. Minor: In this case, the victim's damage due to the accident with the train was not foreseen and results from a combination of circumstances between the passage of the ambulance over the level crossing without barriers and the passage of the train on the railway track at the same time. [...]
[...] The user of the public work TD - The user of the public work I. On the repair of the damage related to the fall A. The identification of the public work Major: For a property to be qualified as a public work, it must be both immovable and subject to an arrangement, which are the criteria established by the jurisprudence of the Council of State in 1975, Commune de Simiane la Rotonde. The situation in which the property would be a private property does not prevent its qualification as a public work as long as it is affected to a public service mission, concerning public goods they can also be qualified as a public work as long as they are affected to the general utility and they belong to the public person according to the Époux Béligaud opinion rendered by the Council of State in assembly in 2010. [...]
