News

     

Emmanuèle Lutfalla and Guillaume Riaux explore the State’s responsibility in dealing with losses relating to social movements in L’argus de l’assurance

By Emmanuèle Lutfalla

Partner Emmanuèle Lutfalla and Trainee Guillaume Riaux explore the State’s responsibility in dealing with losses relating to social movements.

Emmanuèle and Guillaume’s article was published in L’argus de l’assurance on 24 January 2024, and can be found here.

In light of the increase in social movements and protests across the world, Emmanuèle and Guillaume discuss the importance of article L.211-10 which indicates State liability for damages and losses based on social risk.

They explore the conditions of the article, which, as clarified by the French Ministry of the Interior, include, but are not limited to, the existence of an assembly, a crime being committed, the use of violence or obvious force, and targeted and evident damage. They explain that insurers are also able to make a claim for this article, and that no codified definition is currently in existence to inform the parameters of the article.

Emmanuèle and Guillaume further look at recent rulings, which provide some clarification on the scope of culpability, although they note that further clarification is required to address the nuances of when State liability should or should not be legitimised.

Latest news

All news