Reference decision: cc • No. 19-82.117 • 2020-03-17 • View the decision →
Picture the scene: a vacant lot on the outskirts of Sophia-Antipolis, speakers hastily set up, hundreds of young people coming to dance all weekend. You own a neighbouring warehouse, and you wonder: 'What if a free party breaks out on my property without my consent? Am I liable?' The Court of Cassation answered this question on 17 March 2020, in a case that took place on the former NATO air base at Marigny (51).
In short, the high court ruled: only the organisers of the gathering – those who took the initiative, invited, installed the equipment – can be prosecuted for failure to make a prior declaration. Mere participants, even if they bring their own sound system, are not considered organisers. A decision that should reassure owners and festival-goers, but also raises practical questions.
But what does this change in practice? And above all, how can you avoid ending up in the sights of the law? That is what we are going to see.
The facts: a story like so many others
From 29 April to 1 May 2017, a large festive musical gathering – what is called a 'free party' – took place on a former NATO air base at Marigny, in the Marne. Several hundred participants, from all over France, occupied the site with their vans, their tents and, above all, their speakers. However, this type of gathering, which goes far beyond the private sphere, is subject to a prior declaration to the prefecture, in accordance with Article R. 211-27 of the Internal Security Code. This declaration had not been made.
Three people, designated as 'users of sound equipment', were prosecuted before the police court for organising a festive gathering without prior declaration. The court convicted them. But one of them, whom we will call Mr H., contested: he was not the organiser, only a participant who had brought his own audio equipment. He appealed.
The court of appeal followed his reasoning and acquitted him. The Public Prosecutor appealed to the Court of Cassation, arguing that the offence could apply to any person who had contributed to the sound system. The Court of Cassation upheld the appeal judgment: only the organisers, in the true sense of the term, can be convicted.
The reasoning of the court – analysed
To understand the decision, one must read Article R. 211-27 of the Internal Security Code (CSI). It provides that 'the organisation of an exclusively festive musical gathering, not subject to authorisation [...] is subject to a prior declaration'. And that 'organisation without prior declaration is punishable by the fine provided for 5th class minor offences' (i.e. maximum €1,500, €3,000 in case of repeat offence).
The text therefore refers to 'organisation'. But who is the organiser? The Court of Cassation, in its judgment of 17 March 2020 (No. 19-82.117), interprets this term strictly: the organiser is the person who takes the initiative for the gathering, who ensures its preparation, coordination, and who has the power of decision. In short, it is not the mere participant who plugs in their speakers.
In other words, the high court considered that 'users of sound equipment' are not necessarily organisers. To be convicted, it must be proven that they played an active role in the organisation, not just that they contributed to the musical atmosphere. This is a restrictive interpretation, which protects festival-goers but reinforces the liability of the true organisers.
However, beware: this decision does not mean that any participant is irresponsible. If a person actively participates in the organisation (by renting the land, disseminating information, managing security), they may be considered a co-organiser. But for the mere act of bringing a speaker, no.
What few people know is that this case follows a consistent line of case law: the Court of Cassation has always distinguished the organiser from the mere participant. Here, it confirms and clarifies. undefined, I have come across cases where owners of warehouses in Cannes or Antibes found themselves implicated because they had lent their land without knowing that a free party would be held there. Thanks to this decision, they can defend themselves by showing that they were not the organisers.
What this changes for you – in practice
For landlord-owners in Sophia-Antipolis or Cannes: if you rent out land or a warehouse, and your tenant organises a free party there without a declaration, you will not be criminally prosecuted, unless you participated in the organisation. But beware: you could be sued civilly for nuisance or breach of the leasehold regulations. For example, an owner in Cannes had to pay €5,000 in damages to neighbours for noise nuisance linked to an undeclared party on his rented land.
For tenants: if you are a tenant of premises in Sophia-Antipolis and you organise a party, you are the organiser. You must therefore make a prior declaration at the town hall at least one month in advance, on pain of a fine of €1,500. If you are a mere participant, even with your own sound system, you are safe from criminal liability.
For co-owners: if a free party takes place in the common parts of a co-ownership (for example, in the garden of a building in Cannes), the syndic must take action against the organisers. The co-owners are not criminally liable, but they may be required to repair the damage if they authorised the party.
In practice, if you are in this situation, you should immediately: 1) Not admit to being the organiser if you are not; 2) Keep evidence of your role (entry tickets, photos, texts); 3) Consult a lawyer lawyer to avoid an unjust conviction.
Four tips to avoid this type of dispute
- Declare any festive musical gathering to the prefecture or town hall at least one month in advance. It is free and compulsory as soon as the gathering is open to the public and involves amplified music.
- If you are an owner, include a clause in the lease expressly prohibiting the organisation of free parties or undeclared gatherings. Provide for a fixed penalty (e.g. €1,000) in case of breach.
- If in doubt about an imminent gathering, contact the municipal police or gendarmerie. They can intervene to stop the nuisance and identify the organisers.
- Keep all evidence of your lack of organisational role: entry tickets, photos, witness statements, etc. In the event of prosecution, these elements will enable you to prove that you were only a participant.
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Further reading: related case law and developments
This decision is part of a line of Court of Cassation judgments limiting criminal liability to the true organisers. For example, in a judgment of 12 June 2018 (No. 17-86.234), the Court had already held that lending land for a free party does not suffice to characterise the offence of organisation without a declaration, unless the owner actively participated in the organisation.
Conversely, some courts of appeal had extended the notion of organiser to 'users of sound equipment', as in the case at first instance in Marigny. The Court of Cassation therefore put an end to this extensive interpretation.
For the future, this case law confirms a protective trend for participants' rights, but it could evolve if the legislature modifies Article R. 211-27 to explicitly include users of equipment. In the meantime, organisers must be doubly cautious: they are the only ones criminally liable.
Key points to remember
FAQ:
Q: Can I be convicted if I bring my own sound system to an undeclared free party?
A: No, according to the Court of Cassation, only the organisers face the prescribed penalties. The mere act of bringing sound equipment does not make you an organiser.
Q: What should I do if I am an owner and a free party sets up on my land without my consent?
A: Immediately call the police to have the intrusion recorded. You are not criminally liable, but you must prove that you did not participate in the organisation.
Q: What are the deadlines for declaring a festive gathering?
A: The declaration must be made at least one month before the scheduled date, to the prefecture of the department where the gathering takes place.
Q: What is the amount of the fine for organising without a declaration?
A: It is a 5th class minor offence: maximum €1,500, €3,000 in case of repeat offence.
Q: Can I be sued civilly for noise nuisance even if I am not the organiser?
A: Yes, if you are the owner of the land or if you participated in the party, you may be liable to compensate the neighbours for damage (abnormal neighbourhood disturbance).
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