A prefectural decree can be enforced from the moment it is posted online

The agricultural union of small farmers of Cadet Sainte-Rose had requested the suspension of the execution of an order by which the prefect of Guadeloupe prohibited the circulation on part of a forest road. The interim relief judge of the Guadeloupe Administrative Court dismissed the application on the ground that it was out of time. The application for annulment of that order had itself been lodged after the expiry of the time-limit for bringing proceedings.

However, the Conseil d'État annuls the order of the judge hearing the application for interim measures on the ground of error of law. The application for suspension was to be found to be unfounded, not inadmissible. Considering the merits of the case, he nevertheless rejected the union's request and confirmed that the action for annulment was very late. It considers that the publication of the document in the prefecture's AAR, placed on the prefecture's website, under conditions guaranteeing the reliability and date of the online posting of any new document, was sufficient to cause the period for bringing proceedings to begin. Finally, the Administrative Judge states that, although the Prefectural Order was subsequently posted at the relevant City Hall, the first publicity measure at the Prefecture's AAR already ran the appeal period.