In this case of 24 January 2002 (No. 99-16.576, Bull. civ. II, No. 5, RTD civ. 2002.309, obs. P. Jourdain), the Second Civil Chamber of the French Supreme Court ruled on the question of the victim's situation in an unlawful context. In... more
In this case of 24 January 2002 (No. 99-16.576, Bull. civ. II, No. 5, RTD civ. 2002.309, obs. P. Jourdain), the Second Civil Chamber of the French Supreme Court ruled on the question of the victim's situation in an unlawful context. In the case in question, a cleaner who was a victim of a traffic accident submitted a claim for compensation to the insurers of the liable driver for damage resulting not only from the loss of the salary as evidenced by the pay-slips, but also from the loss of undeclared income related to black market work. The Court of Appeal of Montpellier approved the claim for full compensation. But the French Supreme Court overturned the decision, based on the fact that a victim can be awarded compensation for the loss of her income only if the latter is lawful? On the basis of Article 1382 of the French Civil Code, this refusal of compensation makes a fundamental condition for the right to compensation of the lawfulness of the victim's situation. This case will be discussed from the point of view of Luxembourgian, Spanish, Belgium and Greek law.
