Macron’s First Defeat Against the Yellow Vests: State Gets Fined 1.2 Million Euros

ER Editor: We remind readers that the Yellow Vest movement has gone nowhere. ‘Covid’ just moved in to suppress everybody. In fact, their ranks have been swelled by those made even poorer and those who have become increasingly aware of massive state corruption. 

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Macron’s first defeat against the Yellow Vests: the State fined 1.2 million euros

Lecourrier-du-soir.com invites you to read the press release in its original version

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“The administrative court orders the State to compensate the municipality of Toulouse and Toulouse Métropole in the amount of 559,794 euros and 648,960 euros respectively in compensation for the damage caused by the demonstrations linked to the so-called “yellow vests” movement between November 2018 and June 2019.”

By two decisions dated April 21, 2022, the administrative court judges that some of the damage suffered by the municipality of Toulouse and Toulouse Métropole, punctually or on a recurring basis, during the so-called “yellow vests” demonstrations, result directly from offences committed in the wake of these demonstrations, by demonstrators and not by outside groups formed for the sole purpose of committing an offence.

The no-fault liability regime for crowds or gatherings is a legal regime established by the Convention of 10 Vendémiaire Year IV (October 2, 1795) to repair the damage suffered by any person on this occasion. This scheme was transferred from the municipalities to the State by the law of January 7, 1983 and returned to the administrative jurisdiction by the law of January 9, 1986. It is now provided for in article L. 211-10 of the security code according to which: “The State is civilly liable for damages and damages resulting from crimes and offences committed, with open force or by violence, by armed or unarmed crowds or gatherings, either against persons or against property.’

On this basis, the municipality of Toulouse requested that the State be ordered to pay it the total sum of 2,457,721.91 euros for the damages it considers to have suffered as a result of the offences committed during the demonstrations related to the so-called “yellow vests” movement and, for the same reasons, Toulouse Métropole requested that the State be ordered to pay it a total sum of 1,622,714.08 euros.

After recalling that the criterion of premeditation does not, on its own, rule out the State’s liability, which must be retained if the offence occurred in the immediate aftermath of the event and is the fact of people who participated in this gathering, the court assessed, for each item of damage invoked, the direct and certain nature of the link between the offences committed during the demonstrations of the “yellow vests” and the damage or failure to win alleged.

Thus, by way of example, the court retained a direct and certain link for the damage committed on the parking meters located in the city center, belonging to the municipality of Toulouse, which were located on the route of the procession and became the support of protest messages expressed by the demonstrators. The court also retained it for the damage to the street fixtures belonging to Toulouse Métropole and on the roads and sidewalks it maintains or for the cost of cleaning multiple tags and graffiti and removals of wild posters which mobilized each week – end between November 17, 2018 and June 2019 of the means exceeding the expenses which usually result from the exercise of this competence by Toulouse Métropole.

However, the court did not retain such a link for the loss of revenue that would be linked to the decommissioning of parking meters in the municipality, users being in particular supposed to look for a device in working order nearby in such a case. The court also ruled out, for lack of a direct and certain link, compensation for the damage caused to the video-protection cameras, these damages having been committed by elements external to the demonstration. Finally, compensation for the cancellation of the “Fête de la Violette” was also rejected by the municipality of Toulouse which results from the only weekly renewal of the mobilizations as well as that of the loss of royalties linked to the drop in the number of car parks in the city center requested by Toulouse Métropole.

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Source

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