Damages in case of damage caused by the administration (State, local authorities, etc.)

Verified 25 October 2024 - Directorate for Legal and Administrative Information (Prime Minister)

Do you feel that an administrative error has caused you harm? You can take a request for a damages. The administration may incur liability non-contractual where it has been at fault and, in some cases, in the absence of any fault. If found liable, the public person concerned (tax, community, public institution, etc.) must pay you compensation. We present you with the information you need to know.

Please note

Only the non-contractual liability of the administration is presented here. Where it is liable for the non-performance or poor performance of a contract, other rules apply.

Liability for fault

There are 3 categories of damage which may give rise to the payment of damages.

Tableau - Types of damage compensable by the State

Types

Examples

Bodily injury

  • Injuries
  • Hospital-acquired infection
  • Occupational disease

Non-material damage

  • Loss of a loved one
  • Damage to reputation
  • Loss of opportunity to pass a competition or build a professional project
  • Stress or anxiety

Material damage

  • Noise nuisance
  • Deterioration, degradation or destruction of property

Please note

It is possible that the same fault may result in several damages (for example, putting a slippery floor on the public highway may result in bodily harm and non-material damage).

Whatever the nature of your damage, it is compensable as long as it is:

  • Certain. This means that you have suffered damage or it is established that it will occur (example: if you have serious injuries that prevent you from working, future income losses can be assessed)
  • Evaluable in silver. For example, it is possible to estimate medical expenses caused by a medical error made by a hospital doctor.

Please note

In some cases, compensation is not possible because there is no legal provision for it.

Prove that the damage may give rise to the payment of damages

To obtain compensation, you must provide evidence that:

  • You have suffered harm (for example, you can provide a doctor's certificate or an expert report)
  • Administration (tax, community, public institution, etc.) has committed an error (e.g. you can bring a document proving that the tax administration has made an error in the application of the tax legislation)
  • There is a link between the fault of the administration and your prejudice (for example, you can provide a statement of account if it has been seized an amount you were not supposed to pay).

FYI  

In some cases, you you don't have to prove it that the administration has committed an error (for example, public health institutions are alleged perpetrators damage arising from hospital-acquired infection).

Assess the amount of damage caused by the administration

If you want to get damages, you must build a folder that contains a claim for compensation in figures for all damage that you've been through.

The amount of compensation shall be assessed differently according to the nature of the damage(s) suffered:

  • For a damage material, the amount of compensation shall be assessed on the basis of the damage known to the administration on the day on which it could have acted to repair or prevent it
  • For the damagemoral, there is no specific rule. This damage should be assessed in terms of the intensity of the suffering you are experiencing and the period of time you have suffered.

Warning  

In order to support your claim, you must provide any information to calculate the amount of damage you have suffered (e.g. medical certificate, expert report, work stoppage).

Steps to be taken to apply for damages

In order to obtain compensation for the damage you have suffered, you must, above all, make a claim for compensation to the public person you consider responsible for your damage

For example, if you have suffered bodily harm as a result of a medical procedure, you can make a claim against the director of the public hospital who took care of you.

You can apply for compensation within 4 years from 1er the day of the year following the year in which you suffered injury (example: if you suffered damage in 2022, the time limit for filing an appeal runs from 1er January 2023 until 1er January 2027).

Your claim must be sent by registered letter with acknowledgement of receipt.

If your request is not answered or rejected in whole or in part, you can enter the administrative tribunal of a claim for damages.

The administrative court must be seized by request, in a two-month period from:

  • The notification or the publication of the rejection decision, if you have received a reply
  • On the day of your request, if you have not received a response.

The initial claim must be attached to your claim.

She must obligatory be brought before the Administrative Tribunal by one lawyer.

Warning  

If you submit your application to the administrative court of an overseas territory (Guadeloupe, Martinique, French Guiana, La Réunion, French Polynesia, Wallis and Futuna, New Caledonia, etc.), the time limit within which it can be filed is one month's stretch if you reside in a community other than the one in which the administrative tribunal you are seizing is located.

The same time limit shall be increased by two months if you live abroad.

Court competent to examine your claim for damages

The competent administrative tribunal shall be that in the spring of which the public person complained against is located.

Who shall I contact

If the public service that caused you harm is condemned by the administrative tribunal, he must pay you a sum of money that will cover:

  • The damages, in any case
  • Of default interest if the court considers it necessary.

The convicted public service must pay you this amount in a two-month period from notification of the decision, unless the judgment provides for another period or if means of appeal are exercised.

Warning  

The amount of compensation for each loss may be altered during the procedure. However, the total amount you will receive cannot exceed the amount you have requested in your claim for damages.

If the payment has not been made within 2 months, you can request it:

  • At Public Treasury whether the State is liable
  • To the prefect of your department if a local authority is responsible
  • To the supervisory authority of the public service concerned in the event of the liability of a public establishment.

FYI  

In some cases, it's insurance the person responsible for the damage who can compensate you.

Liability without fault

Situations in which a claim for damages is possible

In 2 particular situations, you can request damages to the State even if it has not committed any fault.

Your request is permissible if:

  • The state made you run a risk by the use of a dangerous thing (e.g. a firearm) or because of a dangerous activity. For example, the state is responsible for crimes and offenses which you have been the victim of (violence, damage to property, etc.) during gatherings or rallies (demonstration, riot, etc.) in which you did not take part
  • One act or activity conducted by the State in the general interest caused you harm. This is called breach of equality before the law. For example, a legal text prohibits a product that has made the fortune of a company. This company is bankrupt. In this case, the director may seek damages from the State.

Damages for which a claim for damages is possible

3 types of damage can be compensated by the State.

Tableau - Types of damages compensable by the State

Types of injury

Examples

Bodily injury

  • Injuries
  • Occupational disease
  • Extremely serious damage caused by a medical act

Non-material damage

  • Anxiety
  • Loss of a loved one
  • Loss of chance to build a professional project or pass a competition

Material damage

  • Loss of turnover
  • Degradation, deterioration or destruction of property
  • Damage to financial position

In order for your injury to be compensable, it must be:

  • Special. That means it affects very few people
  • Abnormal. It must therefore be of particular gravity.

Determining the cause of injury

If you wish to apply for damages, you must determine the situation that caused your harm.

Example :

The town hall of your municipality has decided to carry out work on the street in which your business is located. This situation prevents you from opening your store for a long period of time which creates a loss of turnover. In this case, you can provide evidence that the public works cause you a material damage.

Assessing the amount of damage

If you want to get damages, you must build a folder that contains a claim for compensation in figures for all damage that you've been through.

The amount of compensation shall be assessed differently according to the nature of the damage(s) suffered:

  • For a material damage, the amount of compensation shall be assessed on the basis of the damage known to the administration on the day on which it could have acted to repair or prevent it
  • For the non-material damageHowever, there is no specific rule. This damage should be assessed in terms of the intensity of the suffering you are experiencing and the period of time you have suffered.

Warning  

In order to support your claim, you must provide any information to calculate the amount of damage you have suffered (e.g. medical certificate, expert report, work stoppage).

Steps to be taken to apply for damages

In order to obtain compensation for the damage you have suffered, you must, above all, make a claim for compensation to the public person you consider responsible for your damage

For example, if you have suffered bodily harm as a result of a medical procedure, you can make a claim against the director of the public hospital who took care of you.

You can apply for compensation within 4 years from 1er the day of the year following the year in which you suffered injury (example: if you suffered damage in 2022, the time limit for filing an appeal runs from 1er January 2023 until 1er January 2027).

Your claim must be sent by registered letter with acknowledgement of receipt.

If your request is not answered or rejected in whole or in part, you can enter the administrative tribunal of a claim for damages.

The administrative court must be seized by request, in a two-month period from:

  • The notification or the publication of the rejection decision, if you have received a reply
  • On the day of your request, if you have not received a response.

The initial claim must be attached to your claim.

She must obligatory be brought before the Administrative Tribunal by one lawyer.

Warning  

If you submit your application to the administrative court of an overseas territory (Guadeloupe, Martinique, French Guiana, La Réunion, French Polynesia, Wallis and Futuna, New Caledonia, etc.), the time limit within which it can be filed is one month's stretch if you reside in a community other than the one in which the administrative tribunal you are seizing is located.

The same time limit shall be increased by two months if you live abroad.

Court competent to examine your claim for damages

The competent administrative tribunal shall be that in the spring of which the public person complained against is located.

Who shall I contact

If the public person who caused you harm is convicted by the administrative tribunal, they must pay you a sum of money that will cover:

  • The damages, in any case
  • Of default interest if it deems it necessary

The convicted public service must pay you this amount in a two-month period from notification of the decision, unless the judgment provides for another time limit or remedies are exercised.

Warning  

The amount of compensation for each loss may be altered during the procedure. However, the aggregate amount paid to you cannot exceed the amount you have claimed in your claim for damages.

If the payment has not been made within 2 months, you can request it:

  • At Public Treasury if the State is liable
  • To the prefect of your department if a local authority is responsible
  • To the supervisory authority of the public service concerned in the event of the liability of a public establishment.

FYI  

In some cases, it's insurance the public person responsible for the damage who can compensate you.

Who can help me?

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  • To file your claim for compensation

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