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Hunting
Game damage: hunters don't pay for everything!
Publié le 06 juillet 2022 - Directorate for Legal and Administrative Information (Prime Minister)
A farmer can be compensated by a hunting federation for damage to crops and crops caused by game. However, it cannot demand that it take responsibility for measures to prevent damage which may occur. This is what the Court of Cassation has just recalled in the judgment of the Second Civil Chamber of 25 May 2022.
The Departmental Federation of Hunters of the Mayenne fences in a linear way the plots of land of a couple of farmers who have suffered damage caused by game. The farming couple brought proceedings before the judge hearing applications for interim measures in a high court to obtain an expert opinion to evaluate the system put in place and the possible work to be done to better protect their crops. The expert appointed by the court considers the current fence insufficient and recommends the installation of a wire fence over several hundred meters. The operators take the federation to the high court, which orders it to bear the cost of this preventive work. The Angers Court of Appeal confirms and condemns the federation to pay the farmers' bills for the installation of this new protection.
The Court of Cassation quashes and quashes the judgment of the Court of Appeal. She pointed out that it was not up to the Hunters' Federation to finance a preventive fence. Only the repair of damage caused by game is provided for by the Environmental Code according to local scales (system financed by a contribution paid by hunters for each hunting bracelet purchased).
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