Arret Blanco was an 1873 decision of France's Tribunal des Conflits, the court that resolves jurisdictional disputes between the ordinary and administrative court systems, holding that the state's liability for harm caused by the operation of its public services could not be governed by the ordinary rules of the Civil Code that apply between private individuals, but instead had to be governed by its own special rules, which vary according to the needs of the service and the necessity of reconciling the rights of the state with private rights, and that disputes over such liability fell within the jurisdiction of the administrative courts. It arose after a young girl, Agnes Blanco, was injured by a wagon operated by a state owned tobacco factory, and it is regarded as the foundational judgment of modern French administrative law.
Facts
Decision Year Decision Date HoldingHeld that the state's non-contractual liability for harm caused in the performance of a public service mission is fault-based and distinct from ordinary civil liability, placing such claims under the jurisdiction of the administrative courts. 1 Current StatusStill cited as the founding precedent of French administrative liability doctrine, distinguishing the state's non-contractual liability from ordinary civil liability and placing it under the jurisdiction of the administrative courts. 1 Connections
Established
The 1873 Tribunal des Conflits ruling is the founding case establishing French administrative law as a distinct body of law with its own liability rules.
In Legal System
The 1873 Tribunal des Conflits ruling under French law.
Sources
1. Administrative jurisdiction in France (Wikipedia)
Wikipedia contributorsWikipedia section Subjective full litigation appeal, Blanco sentence
Administrative non-contractual liability is recognized as distinct from civil liability and falls under the administrative judge's jurisdiction since the Tribunal des Conflits' decision of 8 February 1873, Blanco.
Wikipedia section Subjective full litigation appeal, liability sentences
This decision recognizes the state's non-contractual liability in the performance of a public service mission. This liability is fault-based and requires the triad of fault, damage, and causation.
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