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Assurance La Paternelle Notes

BCL Law Notes > Comparative Public Law Notes

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CE 21 February 1964 Cie d'assurances << La Paternelle >> et ville de Wattrelos, 118, concl. Braibant (MM. Puissochet, rapp.; Braibant, c. du g. (1) MMes de de Segogne, Ravel, et Georges, av.) 1) Motion of the Compagnie d'assurance la Paternelle and others, introducing an action at the behest of their legal representatives in exercise, requesting the amendment of the judgment of 5 July 1961 whereby the administrative tribunal of Lille sentenced the city of Wattrelos (North) to pay them a compensation of 616.921,21 F to cover 30% of the damageable consequences of a fire occurring on 2 May 1951 in the factory of Scherpereel and Renard, which was worsened by the mistakes of the fire services; 2) Motion of the city of Wattrelos (North), represented by its mayor in exercise duly authorized, requesting the annulment of the judgment of 5 July 1961 whereby the administrative tribunal of Lille sentenced it to pay an indemnity of 616.921,21 F to the Companie d'assurances La Paternelle and others, to cover of 30% of the damageable consequences of a fire occurring on 2 May 1951 in the factory of Scherpereel and Renard, which was worsened by the mistakes of the fire services, and sentenced the city of Roubaix and the department of the North to act as guarantor each to a limit of a third of the totality of the sentences pronounced against it; 3) Motion of the department of the North, represented by its duly authorized prefect, the annulment of the same judgment; 4) Motion of the city of Roubaix, represented by its duly authorised mayor in exercise, requesting the annulment of the same judgment as it sentenced the city to act as guarantor for the city of Wattrelos to a limit of a third the sentences pronounced against it; Whereby the Act of 5 April 1884, modified specifically by the decree of 12 November 1938; the decree of 10 July 1913 modified by the decree of 14 February 1939; the decree of 20 May 1955; the by-law of the prefect of the North dated 16 December 1946; section 1154 of the Civil Code; the ordinance of 31 July 1945; the decree of 30 September 1953; the Code of General Taxes; Considering that the aforementioned motions are all concerned with the consequences of a same accident; that they should be joined so that they can be ruled upon in one decision; Considering that following the fire occurring on 2 May 1951 in the workshop belonging to the company "Les textiles de Wattrelos", rue Jules Guesde in Wattrelos, the insurance companies as claimants asked the administrative tribunal of Lille to be granted a compensation for the prejudice resulting for them and which was caused by serious mistakes committed by the fire services; that the impugned judgment sentenced, on the one hand, the city of Wattrelos to repair the damageable consequences of the fire, up to a limit of 30% and, on the other hand, the department of the North and the city of Roubaix

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