Appeals to the Administrative Judge

Verified 29 January 2021 - Directorate of Legal and Administrative Information (Prime Minister), Ministry of Justice

In order to bring the matter before the administrative judge, you must act within the required time limit and file the appeal before the competent court. You do not have to hire a lawyer unless the dispute is about a sum of money or a contract with a government or public body. You must attach to your application the administrative decision you are challenging, as well as all supporting documents.

You can go to the administrative court when you have a dispute with the administration. But your appeal will only be considered if the conditions for bringing an action before the administrative court are filled. The dispute must fall within the jurisdiction of the administrative justice system and there must be no obligation to file an administrative appeal beforehand.

If these conditions are met, you can file your appeal on time: it is the date on which the court registers the application that is taken into account (not the date of dispatch). However, if the decision you are challenging does not mention the time limits for appeal, you cannot be accused of acting out of time. Finally, you must attach to the appeal a copy of the decision of the administration that you are challenging.

The competent court depends on the subject matter of the dispute:

Tableau - Jurisdiction having jurisdiction according to the subject-matter of the dispute

Subject matter of the dispute

Jurisdiction

Administrative decision

Administrative court within the jurisdiction (territory) of which the administration which took the decision is situated

Real estate (land consolidation, city planning, expropriation, building permits, etc.)

Administrative Court where the property is located

Administrative policy measure (e.g. operating license)

Administrative Court where you reside on the date of the measure

Professional activity

Administrative Court where the activity in dispute is located

Public contract or administrative contract

Administrative court where the contract or contract is performed

Retirement pension for civil servants

Administrative Tribunal where the public person you reported to upon your retirement is located

Labor conflict in the public service

Court where you are posted on the date of the contested decision (where the author of the decision is located if it concerns several staff members)

Claim for compensation

Administrative Tribunal where the event which caused the damage occurred

Recognition of certain qualifications (e.g., veteran status)

Administrative Court where you reside

Naturalization

Administrative Court of Nantes

Entry visa to France

Administrative Court of Nantes

Disputes arising from more than one administrative tribunal

Administrative Court of Paris

Dispute not involving any identifiable administrative tribunal

Administrative Court of Paris

Order and regulation of a Minister

Council of State

Decision of a national administrative authority

(Cnil: titleContent for example)

Council of State

Regional and European elections

Council of State

Deliberation of an Overseas Departmental or Regional Council or Overseas Community

Council of State

Social assistance

Departmental or Central Social Welfare Commission

Military Disability Pension

Administrative Court, after a compulsory prior administrative appeal to the Invalidity Appeals Board

Granting of refugee status

National Court of Asylum

Compensation for returnees

Dispute Commission for Compensation of Overseas Returnees

Who shall I contact
Who shall I contact

Warning  

disputes with social security do not fall within the jurisdiction of the administrative judge and are dealt with by specific instances.

Administrative Tribunal

A lawyer is required if a sum of money or a contract is at stake.

However, representation by a lawyer is not not obligatory for the following disputes:

  • Highways tickets (e.g. unauthorized installation of parasols on the beach)
  • Direct contributions, turnover taxes and similar taxes
  • Individual decisions concerning public officials
  • Pensions, benefits, allowances or entitlements allocated for social assistance, housing or for workers deprived of employment, reserved employment and compensation for returnees
  • Decisions of a regional or local authority or of a public institution under
  • Application for enforcement of a final judgment

To finance legal fees, you can ask to benefit from legal aid.

Who shall I contact
Council of State

Recourse to a lawyer at the Council of State is compulsory except in :

General case

You can submit your request online via the online service Remedy citizens.

Citizens' teleappeal (appeal to the administrative court)

The request can also be deposited on site or sent by mail to graft of the court, preferably by RAR: titleContent.

Specific courts (CCAS, CNDA, National Court of Asylum, etc.)

The request may be deposited or addressed to the graft of the court by post preferably with RAR: titleContent.

Please note

if you are represented by a lawyer, he must use the application Remedy to forward your request.

Electronic file

If you wish to file the appeal via the Citizens' Remedies online service, please consult the brochure explaining the procedure to be followed and the documents to be provided.

You must submit the following electronically:

  • Query: Identification in the Telemedicine application is equivalent to identification in the query and signature
  • Signature of the other applicants, if you file the application on behalf of several persons
  • Warrant entered in the Telemedicine application, if you make the request on behalf of a third party
  • Attachment files: One file per attachment, with a label that includes a serial number
  • Attachment Inventory, with a title that clearly and explicitly describes the contents of each attachment, unless you are using the Automatic Remedy online service Inventory
Paper file

Your folder should contain the following parts and copies:

Tableau - Composition of the dossier

Documents in the file

Number of copies

Query

1 copy

Contested decision or a copy of the application sent to the administration with the acknowledgement of receipt where the administration has failed to reply (implied decision)

1 copy

All the supporting documents required to be produced, except where their number, volume or characteristics prevent them from being produced

1 copy

Detailed inventory of supporting documents

In cases where the law provides that the judge shall decide without submitting certain documents to debate: memoir  separate explanations explaining the reasons for the refusal to transmit to the other parties

The brief shall be forwarded to the other parties

Where the refusal to disclose documents is the subject of the dispute: separate statement explaining the reasons for transmission to the other parties

The brief shall be forwarded to the other parties

The application is in French on free paper. It may be handwritten (perfectly legible) or, preferably, typed.

The query must include the following information:

  • Name, signature and address of the parties
  • Statement of Facts
  • Statement of pleas (legal arguments). You have to prove that the contested act is unlawful.
  • Statement of Findings (what you are asking the judge to do). For example, annulment of the contested decision, award of damages, etc. In the case of a claim for compensation, the amount must be precise and detailed.

If you challenge several decisions, you must make one application per document.

If more than one person makes the same request without a lawyer, they must appoint a single representative. Otherwise, the court shall address the first named person.

To the Council of State, if it is impossible to provide a copy of the attachments because of their number, volume or characteristics, the attachments are to be sent to the secretariat of the litigation or to the prefecture.

Warning  

the notification of the lodging of the application to the author of the decision and to the holder of the authorization shall be mandatory for the following appeals: city planning certificate, decision not to oppose a prior declaration provided for in the city planning code, build, to arrange or demolish. The notification must be made within 15 free days following the lodging of the request by registered letter with AR: titleContent

The fact of bringing an action before the administrative court does not prevent the contested decision from having effect.

To avoid serious, irreversible or irreparable effects, you can ask the judge to take an emergency precautionary interim measure, via a interim proceedings.

FAQ