00:00The Saint-Priest-la-Pleine municipal ruling is a decision of the Council of State issued on November 22, 1946.
00:05It follows two requests concerning the same case, which were dealt with jointly.
00:101. This ruling deals with the strict liability of the administration for damage caused to the employees of a
00:16public service during the performance of this service.
00:18Facts and procedures. The municipality of Saint-Priest-la-Pleine organised a local festival on July 26, 1936.
00:25For this occasion, she wants to organize a fireworks display. To do this, the mayor of the town asks two
00:30individuals to set off these fireworks voluntarily.
00:33However, during the festival, the two pyrotechnicians were injured by the explosion of one of the devices used to set off the fireworks.
00:38fireworks.
00:39This explosion cannot be attributed to any fault or recklessness on the part of the two volunteers.
00:44The pyrotechnicians then held the mayor liable, demanding that he repair the damage they had suffered in
00:49the exercise of the public service mission that had been entrusted to them.
00:52Indeed, for the applicants, the launching of fireworks was a public service activity requested by the
00:58mayor, the explosion, and its consequences
01:00since they were not attributable to them, they fell under the responsibility of the mayor of the municipality.
01:04On January 2, 1943, the Limoges prefectural council granted their request and recognized the
01:09the municipality's responsibility for damages suffered by the pyrotechnicians.
01:13The municipality then appealed to the Council of State.
01:16The municipality argued that it had not committed any wrongdoing and that, consequently, its liability could not be invoked.
01:22Furthermore, the volunteer status of the pyrotechnicians did not make them civil servants of the public service and did not commit
01:27So not the municipality.
01:29The Council of State therefore had to verify whether the firing of fireworks during a municipal festival
01:33was a public service activity
01:34and if, consequently, the municipality was responsible for the damage caused to the volunteer pyrotechnicians even though it had not
01:40committed no wrongdoing.
01:41The solution: the Council of State upholds the judgment of the Limoges Prefecture Council.
01:46considering that the activity in question was indeed a public service mission, since it involved launching fireworks
01:51was,
01:51in the interest of the local community and in accordance with the mission entrusted to them by the mayor.
01:56The damages suffered were therefore incurred within the framework of a public service mission.
02:00Therefore, although there is no fault on the part of the administration,
02:04The company is held responsible for the damages suffered by the two public service employees.
02:11Thank you for watching this video!
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