CHAPTER VI : Liability

The municipality’s liability is eliminated or mitigated where a State authority has substituted itself for the mayor in implementing police measures, in circumstances or under conditions not provided for by law.

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…