La demande d’indemnisation peut être précisée en appel

Décidément, les subtilités du contentieux administratif ne finiront jamais d’étonner le praticien ! Jugeons-en par une récente décision du Conseil d’Etat aux termes de laquelle il a indiqué dans quelle mesure une personne qui sollicite de l’administration une indemnisation d’un préjudice peut modifier sa demande en appel ((CE, 31 mai 2007, n°278905, M.H., AJDA 2007, p.1104.)).

En l’espèce, un requérant avait obtenu du tribunal administratif de Nancy une indemnité globale en réparation de sa contamination par le virus de l’hépatite C. Sur appel incident, il a demandé à la cour administrative d’appel l’indemnisation de ses pertes de salaires. La cour a rejeté la demande comme irrecevable au motif qu’elle était présentée pour la première fois en appel. Le Conseil d’Etat infirme cette solution et affirme :

« que la personne qui a demandé en première instance la réparation des conséquences dommageables d’un fait qu’elle impute à une administration est recevable à détailler ces conséquences devant le juge d’appel, en invoquant le cas échéant des chefs de préjudice dont elle n’avait pas fait état devant les premiers juges, dès lors que ces chefs de préjudice se rattachent au même fait générateur et que ses prétentions demeurent dans la limite du montant total de l’indemnité chiffrée en première instance, augmentée le cas échéant des éléments nouveaux apparus postérieurement au jugement, sous réserve des règles qui gouvernent la recevabilité des demandes fondées sur une cause juridique nouvelle ».

Tout n’est donc pas compromis, même pour le juriste non spécialiste de ces questions.

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