Claude Sayag and S.A. Zurich v Jean-Pierre Leduc, Denise Thonnon and S.A. La Concorde. [1969] EUECJ R-9/69 (10 July 1969)

Claude Sayag and S.A. Zurich v Jean-Pierre Leduc, Denise Thonnon and S.A. La Concorde. [1969] EUECJ R-9/69 (10 July 1969)

The use of a private car by a servant of the Community while on duty does not, in principle, constitute the performance of duties within the meaning of Article 188 EAEC Treaty, except in cases of force majeure or exceptional circumstances of overriding importance.

Citation
[1969] EUECJ R-9/69
Parties
Accused: Claude Sayag; Intervener: S.A. Zurich; Civil Party: Jean-Pierre Leduc; Civil Party: Denise Thonnon; Civil Party: S.A. La Concorde
Jurisdiction
European Union
Judgment Date
10 July 1969
Procedural Posture
Reference for Preliminary Ruling / Preliminary Reference From Belgian Cour De Cassation
Outcome
Preliminary ruling issued; use of private car by servant not in principle within scope of official duties under Article 188 EAEC Treaty.
Legal Topics
Non Contractual Liability, Scope of Official Duties, Interpretation of EAEC Treaty Article 188
European Union Law Tort Law Non Contractual Liability Scope of Official Duties Interpretation of EAEC Treaty Article 188

Case Brief

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Parties

Claude Sayag

Accused

S.A. Zurich

Intervener

Jean-Pierre Leduc

Civil Party

Denise Thonnon

Civil Party

S.A. La Concorde

Civil Party

Procedural Posture

Reference for Preliminary Ruling / Preliminary Reference From Belgian Cour De Cassation

Legal Issues

  1. 1 Whether the use of a private car by a Community servant while on duty constitutes 'performance of their duties' under Article 188 EAEC Treaty
  2. 2 Whether the Community is liable for damage caused by a servant using a private car on duty

Ratio Decidendi

The use of a private car by a servant of the Community while on duty does not, in principle, constitute the performance of duties within the meaning of Article 188 EAEC Treaty, except in cases of force majeure or exceptional circumstances of overriding importance.

Court Disposition

Preliminary ruling issued; use of private car by servant not in principle within scope of official duties under Article 188 EAEC Treaty.

Orders

  • The phrase 'the performance of their duties' in the second paragraph of Article 188 of the EAEC Treaty does not, in principle, include the use by servants of the Community of their private cars in the course of their employment.