Case:
D. 1967.5 Case Société générale di Gaz v. Massicot
Date:
06 October 1966
Note:
Translated French Cases and Materials under the direction of Professor B. Markesinis and M. le Conseiller Dominique Hascher
Translated by:
Tony Weir
Copyright:
Professor B. S. Markesinis

Given that when a vehicle belonging to the Société générale du Gaz was damaged in an accident due to they way Massicot was riding a motorcycle, the judgment imposing liability on Massicot, Demoiselle Sieurac, who owned of the motorcycle, and her insurer is criticised for requiring them to pay, over and above the cost of the necessary repairs, a sum in respect of the depreciation of the vehicle, a head of damage which, according to them, was merely speculativeand hypothetical;

But given that in the light of the facts of the case and in particular the conclusions of the court-appointed expert, the court of appeal stated that although the necessary repairs had been effected, the depreciation in value of the vehicle called for a special award of damages, seeing that it was less than six months old and in very good condition, and the collision was especially violent;

Given that in so deciding the courts below were within their sovereign powers in determining that the diminution of the resale value of the vehicle constituted an actual and distinct harm and so have not violated the texts cited by the complainant;

For these reasons DISMISSES the application for review of the decision of the Court of Appeal of Toulouse of 30 April 1964.

Civ 2, 6 October 1966: This judgment marks the recognition by the Cour de cassation of the idea that depreciation in the value of property can in itself give rise to indemnification. Given in relation to a new luxury vehicle, this case law has been maintained since, and is applied just as much to immovables (cf note under Civ 2, 17 May 1995, mentioned above).

Translation by Raymond Youngs

 

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