Right to compensation for damages suffered during “yellow vests” demonstrations
TA Lyon, January 5, 2021, SARL Philippe Védiaud Publicité, n °1904879
The holder of a public contract has the right to be compensated by the State for damage and destruction of property assigned to the performance of a public service during demonstrations " yellow vests ". The Palmier Cabinet & Associés has just ordered the State to pay its client a sum of more than 100,000 € in this regard.
What you must remember :
The possibility for the holder of a public contract to be compensated by the State for damage and destruction linked to demonstrations organized on public roads.
As a reminder, under Article L. 211-10 of the Internal Security Code, the State is civilly responsible for damage and damage resulting from crimes and offenses committed by open force or by violence by assemblies or gatherings, armed or not. armed, either against people or against property. He can take recourse action against the municipality when the latter's responsibility is engaged. The destruction, degradation or deterioration of property belonging to others during gatherings and gatherings constitutes an offense punishable by article L. 322-1 of the penal code with a penalty of two years imprisonment and 30,000 euros d fine such as to engage the responsibility of the State.
In a judgment of December 7, 2017, Municipality of Saint-Lô, n ° 400801, the Council of State had already had the opportunity to recall the responsibility of the State on this basis due to the damage and destruction of municipal property related to gatherings on the public highway: " 3. Considering that the administrative court was able to note, by a sovereign assessment of the facts submitted to it, that the damage on the public highway committed during the demonstration which took place from July 2 to 3, 2015 presented a organized and premeditated character; that on the other hand, by deducing from this single circumstance that the damage was not the result of a gathering or a gathering, within the meaning of the aforementioned provisions of Article L. 211-10 of the Internal Security Code , while it was common ground that the damage had been committed in the context of a demonstration on the public highway called by several trade unions in order to obtain an increase in the price paid to milk producers, in which several hundred 'farmers, and not by a group which would have been formed and organized for the sole purpose of committing crimes, the administrative court incorrectly qualified the facts submitted to it; that, consequently, its judgment must be annulled as it rejects the request of the municipality of Saint-Lô tending to the condemnation of the State to compensate it for the damages suffered on the occasion of this demonstration "
In its judgment of January 5, 2021, the administrative court of Lyon applied this solution to condemn for the first time the State to compensate the holder of a public service concession contract for the damage and destruction committed during the “vests” demonstrations. yellow ”on the property it operates on public roads. More precisely, this was the destruction and degradation of several bus shelters and urban furniture used on the route of the event.
TA Lyon, January 5, 2021, SARL Philippe Védiaud Publicité, n °1904879
- Under the terms of Article L. 211-10 of the Internal Security Code: “The State is civilly liable for damage and damage resulting from crimes and offenses committed, by open force or by violence, by armed groups or gatherings or unarmed, either against people or against property. (…) ”.
- First of all, the damage suffered by street furniture belonging to SARL Philippe Védiaud Publicité on December 1 and 8, 2018 resulted from crimes committed by violence. It results from the instruction, in particular from the report of the general controller of the departmental direction of public security of April 4, 2019, on the one hand, that these degradations and destruction took place on the routes of the demonstrations of "yellow vests On December 1 and 8, 2018 or in the immediate vicinity of these routes, on the other hand, that they took place in the immediate continuation of these demonstrations, and, finally, that they followed clashes between demonstrators and police, the latter having interposed to protect the shopping center targeted by the demonstrators on December 1 and the prefecture on December 8. Contrary to what the prefect maintains, "the presence of young individuals belonging to local delinquency", the number of which is not specified, among the 200 to 300 people who launched projectiles at the police on December 1 2018 and the designation of “breakers” used by the press to designate the fifty or so individuals who then carried out degradations are not sufficient to establish that the degradations of December 1 would be attributable to a group formed and organized for the sole purpose to commit N ° 1904879 3 these offenses. Likewise, the mere fact that the situation deteriorated from 3:45 p.m. on December 8 could not allow us to "mark the end of this event" and to deduce, as the prefect of the Loire does, that the street furniture was degraded after the demonstration. Consequently, the degradations, which do not result from the action of an organized group and formed for the sole purpose of committing these offenses, result from offenses committed by gatherings or gatherings and are therefore liable to engage the responsibility. of State.
- Second, the Prefect of the Loire does not dispute the reality of the damage the list of which was produced by the applicant and which was the subject of a detailed complaint. The invoices produced allow the cost of repairs to planimeters 75 and 78, bus shelters 177 and 178/179 and the cultural column, damaged on December 1, 2018, as well as planimeters 97, 123, 125 and 149 damaged on 8 December 2018, up to 900 euros, 640 euros, 16,250 euros and 1,550 euros respectively, without the prefect criticizing these invoices. While the applicant estimates the cost of planimeter 76 destroyed on December 1 at 2,900 euros, the Arcomat invoice of May 27, 2019 indicates a unit price of EUR 1,600 and the installation invoice of December 7, 2018 mentions a price of 400 euros. Consequently, the cost of supplying and installing the planimeter 76 must be evaluated at only 2,000 euros. Regarding bus shelters 169/170 and 171/172 damaged on December 1, the invoices produced allow us to establish the cost of replacing the panes, box panes and installation, but the simple mention of “1,200 euros inside the box” », Without explanations and without any invoice mentioning a box interior, is not enough to establish the reality of this damage. Consequently, an amount of 2,080 euros should be used for each of these bus shelters instead of the 3,280 euros requested by the applicant, ie a total amount of 4,160 euros. If the invoices produced make it possible to establish the cost of replacing the panes, box panes and their installation for bus shelters 191 to 199, 169, 170, 172, 179, 212, 222 and 224, damaged on December 8, at for a total amount of 11,990 euros, no invoice mentions the cost of the four boxes "to be completely changed", for which the applicant requests 3,000 euros each. Therefore, to assess the cost of each of the four planimeter boxes integrated into bus shelters, the amount of 2,100 euros mentioned in the invoice of November 19, 2018 for the purchase of a "post / bottom planimeter for shelter 7 ”, instead of 3,000 euros. Consequently, the total amount of damage caused to the aforementioned bus shelters amounts to 20,390 euros (11,990 euros plus 8,400 euros). Regarding the glass doors of "8 m²" 29 and 41 damaged on December 1, the only invoices produced concerning such 8 m² doors are the Prismaflex invoice of September 17, 2019, mentioning "glass change on scrolling 8 m² parts and labor ”, for a unit amount of 1,000 euros, and the ADM installation invoice of December 7, 2018, for an amount of 600 euros. Consequently, an amount of EUR 1,000 should be used, which already includes the fitting, for each of those panes, instead of the EUR 2,100 claimed by the applicant, ie a total amount of EUR 2,000. Although SARL Philippe Védiaud Publicité asks for 18,500 euros for the purchase and installation of an 8 m² element located at the Antoine Pinay roundabout, it does not establish, by the sole mention "furniture entirely covered with paint (glass + frame + feet) ”, and in the absence of any corresponding invoice, that it proceeded to change this furniture. Regarding the cultural column of Place Jean Jaurès, none of the invoices, produced after the prefect of the Loire opposed the absence of supporting documents, then the court asked the applicant to justify the amount of the damage suffered before claiming a missing invoice, do not mention the purchase of plexiglass. Therefore, the mere mention of "2 door plexis to change" is not sufficient to establish the reality of the damage. Finally, the applicant asks for 38,400 euros for each of the three LCD screens of 2 m² destroyed during the demonstrations of December 1 and 8, 2018. The Lumiplan invoice of December 21, 2018 of 38,600 euros clearly does not correspond to this head of damage, as of when it mentions panels with a dimension of 260 X 364 mm, ie 10 m², and in addition a unit price of 19,300 euros unrelated to the claims of the applicant No. 1904879 4. Therefore, it is necessary to take into account the Lumiplan invoice of May 30, 2019, for a total amount of 54,625.60 euros, which concerns the “repair of vandalized TFT LCDs in Saint-Etienne” and mentions in particular 4 exterior doors and 3 "LCD 75P" panels and labor. It should be added the ADM PUB invoice of December 7, 2018 installation for an amount of 400 euros, which concerns a broken LCD screen mobilize "following demonstration of December 1" and thus relates unequivocally to one of these three screens. An amount of EUR 55,025.40 must therefore be used instead of the EUR 115,200 claimed by the applicant for those three LCD screens. Consequently, the damage suffered by the applicant resulting from the damage and destruction committed during the demonstrations of the “yellow vests” of December 1 and 8, 2018 amounted to a total amount of 102,915.60 euros.
- It follows from the foregoing that the State should be ordered to pay SARL Philippe Védiaud Publicité the sum of 102,915.60 euros.
- Pursuant to article 1344-1 of the Civil Code, interest at the legal rate will run from April 29, 2019, the date of receipt of the prior request constituting the first formal notice to pay. On the costs related to the dispute:
- In the circumstances of the case, there is no need to make the State responsible for the payment of a sum for the costs incurred and not included in the costs.
DECIDES: Article 1: The state is condemned to pay SARL Philippe Védiaud Publicité the sum of 102,915.60 euros. This sum will bear interest at the legal rate as of April 29, 2019.