We are in December 2018 and the Yellow Vest movement is not weakening. Blockades are taking place all over the roads in France and shops believe they are being held hostage.
Entrepreneurs will therefore seek insurance accounts for operating losses. This is the case in Alès, where the city’s ring road is affected by this meandering movement and where access to certain shops is completely impossible. A professional on this bypass will ask “Axa insurance” to send him a check for 45,000 euros, an amount corresponding to the shortfall in this crucial period for traders, namely Christmas.
Axa therefore ended up paying itself, but the insurance company in turn turned against the State, which was unable to ensure free movement and access to the shops on the ring road. Axa therefore requests the public authorities to repay the 45,000 euros paid to the merchant.
It is this case that arrived at the hearing of the Administrative Court of Nîmes this week. The public hearing officer, most of the time followed by the court, wanted the insurance company’s request dismissed. Other disputes in France have been brought before administrative appeals courts or before the Council of State for the same reason, and each time the assurances have been rejected. Will the court in Nîmes change the case law? Reply within a fortnight…