Without prejudice to the provisions of article L. 2216-1, communes are civilly liable for damage resulting from the exercise of municipal policing powers, regardless of the status of the officers involved. However, in the event that the damage results, in whole or in part, from the fault of an agent or the malfunctioning of a service not under the responsibility of the municipality, the latter’s liability is mitigated to the extent of the damage.
The liability of a legal entity other than the municipality to which the employee or service concerned reports may only be incurred if that legal entity has been called into question either by the municipality or by the victim of the damage.
If this has not been the case, the municipality remains solely and definitively liable for the damage.