Analysis by the Council of State
Reading of February 8, 1873
FRENCH REPUBLIC
IN THE NAME OF THE FRENCH PEOPLE
Considering the exploit initiating the proceedings, of January 24, 1872, by which Jean Blanco had the State summoned before the civil court of Bordeaux, in the person of the prefect of Gironde, Adolphe Jean, Henri Bertrand, Pierre Monet and Jean Vignerie, employed in the tobacco factory in Bordeaux, for, whereas, on November 3, 1871, his daughter Agnès Blanco, aged five and a half, was passing on the public road in front of the tobacco warehouse, when ‘ a wagon pushed from the inside by the aforementioned employees overturned her and passed over her thigh, from which she had to undergo amputation; that this accident is attributable to the fault of the said employees, to be condemned, jointly and severally, the said employees as co-authors of the accident and the
Considering the declination proposed by the prefect of the Gironde, April 29, 1872; Considering the judgment rendered on July 17, 1872, by the civil court of Bordeaux, which rejects the objection and retains knowledge of the cause, both against the State and against the aforementioned employees; Having regard to the conflict decree issued by the prefect of Gironde, on the 22nd of the same month, claiming for the administrative authority knowledge of the liability action brought by Blanco against the State, and reasoned: 1 ° on the necessity to assess the share of responsibility incumbent on State agents according to the varying rules in each branch of public services; 2 ° on the prohibition for the ordinary courts to hear requests tending to constitute the debtor State, as it results from the laws of December 22, 1789, July 18, August 8, 1790, the decree of September 26, 1793 and the decree of the Directory of 2 germinal year 5; Considering the judgment of the civil court of Bordeaux, dated July 24, 1872, which postpones ruling on the request; Considering the laws of August 16-24, 1790 and of Fructidor 16, year 3; Considering the ordinance of June 1, 1828 and the law of May 24, 1872; who will stay the decision on the request; Considering the laws of August 16-24, 1790 and of Fructidor 16, year 3; Considering the ordinance of June 1, 1828 and the law of May 24, 1872; who will stay the decision on the request; Considering the laws of August 16-24, 1790 and of Fructidor 16, year 3; Considering the ordinance of June 1, 1828 and the law of May 24, 1872;
Considering that the action brought by Sieur Blanco against the prefect of the department of Gironde, representing the State, aims to have the State declared civilly responsible, by application of articles 1382, 1383 and 1384 of the Civil Code, of damage resulting from the injury which his daughter is said to have suffered as a result of workers employed by the tobacco administration;
Considering that the responsibility, which may fall on the State, for damage caused to individuals by the fact of the persons it employs in the public service, cannot be governed by the principles which are established in the Civil Code, for person-to-person relationships ;
That this responsibility is neither general nor absolute; that it has its special rules which vary according to the needs of the service and the need to reconcile the rights of the State with private rights;
That, therefore, under the terms of the aforementioned laws, the administrative authority is the only competent to know;
DECIDES: Article 1: The conflict decree dated July 22, 1872 is confirmed. Article 2: Are considered null and void, with regard to the State, the exploit initiating proceedings of January 24, 1872 and the judgment of the civil court of Bordeaux of July 17 of the same year. Article 3: Transmission of the decision to the Keeper of the Seals for execution. |
|
