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About Case Law

Case Law

Council of State, the French higher administrative court
16/02/2009
Legal provision National law (including criminal law)
Grounds of discrimination Anti-Semitism
Key facts of the case:

The Administrative Tribunal of Paris asked the Council of State for advice on a demand in which the plaintiff requested joint liability of both the State and the French National Railways Board in awarding her compensation of € 200,000 for the damage suffered by her father for his arrest, internment and deportation during WW2, as well as € 80,000 for the damage that she had suffered.

Main reasoning/argumentation:

When one parent or guardian has been deported from France on political or racial grounds, compensation is due.
The compensation cannot only be restricted to financial compensation, but also to a solemn recognition of the damages and of the role played in deportations.

The State has taken measures to compensate the damages suffered by victims of deportation and by their beneficiary.

Key issues (concepts, interpretations) clarified by the case:

The Council of State stated that if the acts committed or taken are null, this does not mean that the State is not responsible for these acts and has to compensate for the damages suffered, for both the deported people and their beneficiaries.
The French public authorities have officially acknowledged their role in the deportations and financial compensation has already been provided for in French Law.