Already convicted in September 2014 by the correctional court of Rennes, the six men (now 25-42 years old) had to pay € 10,200 for the material damage of the state. Except that the state had then decided to appeal, since that was the case "owner of ecotax portico & # 39; s" and therefore the right to "their recovery". The number of repairs was much higher: he claimed more than € 400,000.
More than four years later, including three passages before the Court of Cassation, finally Rennes Court of Appeal decided and condemned Friday, November 9, 2018, six former demonstrators of the "Bonnets Rouges" movement to pay to the state 206,777 € for the destruction of this porch on 28 December 2013.
At the heart of the legal battle: the concept of "ownership"
Was the state really the owner of this portico? This is the question, the knot in the heart of this struggle. The portico's in question were then provided by the company Eco Moov. "However, no deed is required to validate the property of the state," said Philippe Billaud, representative of the bailiff of the state, before the Court, at the hearing on September 14, 2018. He asked repayment of his "full injury" including the value of the portal, the decommissioning work after the destruction and rehabilitation of the road network.
When Arnaud Delomel, the lawyer of the defendants, discovered that "it was an illusion to believe that the portico's would be refurbished", the Court of Appeal did not have the same opinion as it did.
After the new documents issued by the bailiff, the Court "concludes that the state became owner of this port on June 23, 2013". "On the reconstruction costs of the portico, the judgment of the Court of Appeal continues, the state is receptive to submit this request as long as the repair costs do not exceed the value of replacement" and that, "minor or the state already mentioned the restoration then does not justify. "
A note that is much saltier than at first
In practice, the compensation is much higher than in the first instance.
While the quotation that was given by the company "Eco Moov" at the time, "serious missing details", the court calculated that the repair costs 184,042 €. She adds € 10,200 for costs arising from the closure of the road network and 12,534 € for removing and securing the portal.
The six former "Bonnets Rouges" also pay € 1,500 for legal costs of the other party.