Proof of victim status
In this case, an employee of the newspaper Charlie Hebdo was working from home.
She was warned by telephone by her husband. He was also an employee of the newspaper and was on the premises when the attack took place.
Although the bodies of the victims of the attack had not yet been evacuated, she immediately went to the scene.
After being informed by the Guarantee fund for victims of terrorism and other offences In response to the company's refusal to compensate her on the grounds that she was not a direct victim of the attack, the employee brought an action for interim relief before the Paris Court of First Instance, seeking to have an expert assessment carried out and an advance payment made.
According to thearticle 16 of the C.P.C.In all circumstances, the judge must uphold and observe the principle of contradiction.
Solution adopted (Proof of victim status) :
Accordingly, a court of appeal which, in order to dismiss the claimant :
- after noting that there were no documents relating to the state of health of her husband, the only direct victim of the attack,
- The only medical evidence submitted concerned her,
- states that the proof, both of his status as a victim by ricochet of the attack,
- the existence of his moral prejudice or damage to his feelings, has not been established,
while the direct victim status of her husband is not contested, without first inviting the parties to present their observations on these points.
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