Prescription for Game Damage: When Does the 6-Month Period Start for Successive Damage?

Imagine: you own a forest plot in La Teste-de-Buch. You plant oaks and maritime pines. A few months later, you notice that roe deer have damaged the young plants. You protect them, but the damage recurs. You wait a bit, then finally decide to claim compensation from the National Hunting Office (ONC). But here's the catch: the ONC raises a 6-month limitation period. From when does this period start? From the first damage or the last? This is precisely the question the Court of Cassation decided in this judgment of 18 October 1995.

This decision is fundamental for any owner or operator faced with game damage. In short, the High Court ruled that the limitation period only begins on the first day the damage was observed, not with each new act. But beware: this does not mean you can wait for years. You must act within six months of the first observation. So, how should you react? Is this good or bad news? Let's break it down together.

What few people know is that this ruling actually protects victims of progressive damage. Without it, an owner would be forced to bring legal action after each passage of roe deer, which would be absurd. But it also imposes vigilance: as soon as you observe damage, the clock starts ticking. Let's look at the specific facts of this case.

The Facts: A Story Like Many Others

Mr. and Mrs. X, owners of a wooded plot within the jurisdiction of the Bordeaux Court of Appeal, not far from Arcachon, had planted trees on their land. Unfortunately, roe deer, protected game under the ONC, caused repeated damage to these plantations: young trees stripped of bark, broken branches, seedlings devoured. The couple first tried to protect their trees with fences and repellents, but the damage continued. After several months, they decided to claim compensation from the ONC under Article L. 226-7 of the Rural Code (now Article L. 426-1), which provides that the National Hunting and Wildlife Office (ONCFS) is liable for damage caused by large game.

The ONC refused compensation, arguing that the claim was time-barred. Article L. 226-7 indeed provided for a limitation period of six months from the observation of the damage. The Office argued that each damage triggered a new period, and that the couple had waited too long after the first incidents. Mr. and Mrs. X therefore sued the ONC. The Bordeaux High Court ruled in their favour, ordering the ONC to pay compensation for protection costs and loss of seedlings. The ONC appealed, and the Bordeaux Court of Appeal upheld the judgment. The case eventually reached the Court of Cassation.

The twist: the ONC appealed, arguing that the limitation should apply damage by damage. But the Court of Cassation rejected this reasoning, holding that the six-month period runs from the first day the damage was observed, not from each new act. A victory for owners, but with a limit: you must act quickly from the first observation.

The Reasoning of the Court — Analysed

The core of the dispute concerned the interpretation of Article L. 226-7 of the Rural Code (now L. 426-1). This provision states that the ONC is liable for damage caused by large game, and that the action for compensation is barred after six months from the observation of the damage. But what does "observation of the damage" mean when the damage is continuous or successive?

The ONC argued for a strict interpretation: each harmful act (each passage of roe deer) triggered a new six-month period. Consequently, Mr. and Mrs. X should have acted within six months of the first damage, without waiting for subsequent damage. The lower courts (tribunal and court of appeal) had rejected this argument, and the Court of Cassation approved them.

In its judgment, the Court of Cassation states: 'It does not follow from Article L. 226-7 of the Rural Code that when damage caused by game has occurred successively over time, the 6-month limitation period runs from the first day such damage was observed.' In other words, the starting point is unique: the first observation. It does not matter that the damage repeats afterwards; the period does not restart each time. In other words, the limitation is global for all successive damage, provided you act within six months of the first observation.

This reasoning is based on common sense: if the period ran from each new damage, the owner would be forced to bring an action after each passage of animals, which would be impractical and contrary to the economy of the texts. The Court also noted that the court of appeal had found that the true destruction of the plantations occurred on a specific date, and that the couple had acted within six months of that date. Thus, the decision confirms a jurisprudence protective of victims of progressive damage, but it imposes vigilance: from the first damage, the clock is ticking.

What This Changes for You — Concretely

For forest or agricultural owners: this decision allows you to group several successive damages into a single compensation claim, provided you act within six months of the first observation. Concrete example: if you observe browsing on your young plants in La Teste-de-Buch on 1 March, and additional damage occurs in April and May, you have until 1 September to take legal action against the OFB (the successor to the ONCFS). After this period, you risk the entire claim being time-barred, even for the most recent damage.

For agricultural tenants (farmers, sharecroppers): note that the right to compensation is recognised for the landowner, but the tenant may also act if he proves a direct loss (e.g., loss of harvest). In this case, the same period applies: six months from the first observation. If you are a tenant, immediately report the damage to your landlord and the OFB.

For hunters and hunting associations: this decision reminds us that the OFB is liable for damage caused by large game, even if game management is entrusted to hunters. In practice, hunters may be called upon to indemnify the OFB, but the six-month limitation period runs only against the Office. If you are a hunter, be vigilant: if an owner claims damages from you, the period may be different (ordinary law period of 5 years).

undefined, I have seen cases where owners waited too long, thinking that each new damage reset the period. They found themselves time-barred. The lesson: as soon as you see a roe deer or wild boar causing damage, take a photo, note the date, and send a registered letter to the OFB within six months. Even if the damage is minimal at first, it's better to secure your rights.

Four Tips to Avoid This Type of Dispute

• 1. Observe and date the damage immediately: As soon as you notice signs of game (browsing, barking, trampling), take dated photos with a tape measure for scale, and note GPS coordinates. Have a bailiff record the damage if it is significant (cost: about €150-200, but worth it).
• 2. Declare the damage to the OFB within six months: Send a registered letter with acknowledgement of receipt to the departmental directorate of the OFB (or the French Biodiversity Office today). Describe the damage precisely, the date of first observation, and the estimated amount of loss. Keep a copy.
• 3. Protect your plantations: Install physical protections (fences, sleeves) at planting time. The OFB may refuse compensation if you have not taken reasonable preventive measures. Keep invoices: they will serve as proof of your diligence.
• 4. Consult a lawyer specialised in hunting law: If the amount of loss is high (over €5,000), an amicable or judicial expert appraisal may be necessary. A lawyer will help you assess the loss (loss of tree value, replanting costs, etc.) and meet deadlines.

Further Reading: Related Jurisprudence and Developments

This 1995 judgment has been confirmed by consistent case law. For example, the Court of Cassation ruled in a judgment of 16 February 1994 (No. 91-21.780) that the six-month limitation period only runs from the observation of the damage, not from its occurrence, which is in the same vein. More recently, the Court clarified that the limitation is interrupted by an amicable compensation claim (Cass. civ. 3e, 10 Sept. 2020, No. 19-18.342).

The trend of the courts is therefore protective of victims of game damage, but it requires responsiveness. Since the merger of the ONCFS with the National Hunting and Wildlife Office, the procedure has been centralised. Note: since 2019, the French Biodiversity Office (OFB) has taken over the missions of the ONCFS, but the texts remain the same. For the future, the question of damage caused by wild boar (which are not considered large game under the Rural Code) may give rise to new decisions. In the meantime, this 1995 jurisprudence remains the reference.

What You Absolutely Must Remember

• Time limit to remember: 6 months from the first observation of the damage. After this period, the claim is time-barred.
• Action to take: Declare the damage to the OFB by registered letter within 6 months, even if the damage recurs.
• Evidence to keep: Dated photos, bailiff's report, invoices for protection, correspondence exchanged.
• Compensation possible: Replanting costs, loss of tree value, protection costs. Amount varies depending on extent (from a few hundred to several thousand euros).
• Do not wait: The longer you wait, the greater the risk of time-bar. Act from the first damage.

Are you in a similar situation? An initial 30-minute consultation with Maître Zakine (€45) could save you months of proceedings — and often much more. Book an appointment →