Without a reply from the president of the departmental council, Bernard is faced with an implicit refusal to be able to benefit from the emergency benefit he is claiming, and he considers that he has suffered prejudice.

He brought an action for liability against the department before the court and then before the administrative court.

Both have declared themselves incompetent. Bernard then decided to appeal the judgment of the court. The Court of Appeal refers the question of which judge has jurisdiction to the Conflict Tribunal.

Service-Public.fr replies:

According to the Code of Social Action and Families (CASF), the disability compensation benefit is granted by the Commission on the Rights and Autonomy of Persons with Disabilities. It is provided by the department in which the applicant is domiciled or in which he is housed in a social/medico-social institution or hospitalized in a health institution.

In cases of proven urgency, the President of the Departmental Council may award this compensation service on a provisional basis, for an amount fixed by regulation, and his decisions may be appealed to the competent court.

In order to determine which court has jurisdiction to rule on Bernard’s claim for compensation, the Tribunal des Conflicts relies on Article L134-3 of the CASF. According to that article, the court has jurisdiction in disputes relating to the provision of compensation to persons with disabilities.

He infers that the court or tribunal shall have jurisdiction in all disputes relating to decisions on the provision of disability compensation. It is also competent for actions for damages involving the liability of the department in the event of a refusal to grant such a benefit.

The court is therefore competent to rule on Bernard’s claim for compensation.