Appeal to the Administrative Court of Appeal (CAA)

Verified 28 January 2021 - Directorate of Legal and Administrative Information (Prime Minister), Ministry of Justice

General use of oral procedures for investigations before the administrative court

Published on 11 January 2023

Since January 11, 2023, oral investigation sessions and investigative hearings, which are being tested before the Conseil d'Etat, have become permanent before this court.

In addition, the 2 oral investigative procedures are extended to administrative tribunals and administrative courts of appeal.

These measures are provided for in decree no. 2023-10 of 9 january 2023 on oral proceedings before the administrative court.

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If you challenge a decision of an administrative tribunal, you can appeal to an Administrative Court of Appeal (AFC). In most cases, the appeal period is 2 months. The assistance of a lawyer is compulsory except in special cases. The procedure is free of charge, but may incur some costs. The judge's decision is yours notified after the hearing. You can challenge it by appealing to the Council of State in opposition or cassation.

You can challenge a decision of an administrative tribunal before an administrative court of appeal if it meets the following conditions:

Consult the mail accompanying the notification of the decision of the administrative tribunal: whether an appeal to an administrative court of appeal is possible.

The challenge to the decision must relate to an error of assessment of the facts or application of the law.

The challenge to the law itself is still possible.

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General case

The assistance of a lawyer is mandatory.

You can choose a lawyer or a lawyer to the Councils (also called lawyer at the Council of State and the Court of Cassation).

Dispute in respect of large-scale traffic tickets

The assistance of a lawyer is not mandatory if the litigation involves a highway traffic ticket. This is specified in the covering letter of the notification of the judge's decision.

The situation varies depending on whether you or your lawyer files the application.

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You file the request yourself

If you are in the situation where you can make the appeal yourself, you have the right to file the request online, on site or by mail.

Online

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

Citizens' teleappeal (appeal to the administrative court)

The request must be signed and include your full name and address.

It shall specify the following:

  • Purpose of the application (e.g. annulment of a decision, claim for compensation, etc.)
  • Statement of Facts
  • Arguments on the merits of your request

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
On the spot

The request may be deposited with the graft of the Administrative Court of Appeal.

Consult the mail accompanying the notification the decision of the administrative tribunal to determine which administrative court of appeal you should apply to.

Who shall I contact

The request must be signed and include your full name and address.

It shall specify the following:

  • Purpose of the application (e.g. annulment of a decision, claim for compensation, etc.)
  • Statement of Facts
  • Arguments showing the validity of your request.

You must attach the following documents to your request:

  • Copy of the contested decision
  • Copies of supporting documents relevant to the resolution of the dispute
By mail

The request may be sent to the court registry by post preferably with RAR: titleContent. On the envelope, you must specify "interim".

Consult the mail accompanying the notification the decision of the administrative tribunal to determine which administrative court of appeal you should apply to.

Who shall I contact

The request must be signed and include your full name and address.

It shall specify the following:

  • Purpose of the application (e.g. annulment of a decision, claim for compensation, etc.)
  • Statement of Facts
  • Arguments showing the validity of your request.

You must attach the following documents to your request:

  • Copy of the contested decision
  • Copies of supporting documents relevant to the resolution of the dispute

The request is made by your lawyer

If the request is made by a lawyer, he must transmit it via the application Remedy.

You don't have to pay to make the appeal.

But if you hire a lawyer, you have to pay his fees. Depending on your income, you may be entitled to legal aid.

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Metropolis

The time limit for appeal is set out in the notification of the contested decision.

Except in special cases, it is 2 months for judgments and 15 days for interim measures.

An appeal period of less than 2 months must be stated in the notification of judgment. Otherwise, the period is 2 months.

Overseas

You live overseas

The time limit for appeal is set out in the notification of the contested decision.

If the court has its seat in metropolitan France, except in special cases, the period is 3 months from the notification of the judgment, and 1 month and 15 days for a interlocutory.

You live in metropolitan France

The time limit for appeal is set out in the notification of the contested decision.

If the court has its seat overseas, except in special cases, the period is 3 months from the notification of the judgment, and 1 month and 15 days for a interlocutory.

Foreigner

The time limit for appeal is set out in the notification of the contested decision.

Except in special cases, for a person residing abroad, the time limit is as follows:

  • 4 months from notification of judgment
  • 2 months and 15 days for one interlocutory

The appeal is not suspensive. This means that you must execute the contested decision until the decision of the Administrative Court of Appeal. However, you can ask the appeal judge for a stay of execution.

You or your lawyer are notified of the date of the hearing by mail RAR: titleContent or via the Remedy online service.

At the end of the hearing, the matter is taken under advisement.

The decision is yours notified sometime after the hearing.

From 20 November 2020, administrative courts may amend the procedural rules applicable to the cases they deal with, to allow them to continue their activity during the state of health emergency. Changes may include:

  • Possibility for courts to communicate with the parties by any means
  • Conduct of the hearing via an audiovisual telecommunication means or by electronic means
  • Possibility for judges to participate in the hearing remotely
  • Use of the procedure without an interim hearing
  • Use of the procedure without hearing in certain cases for litigation of the right to housing against third parties
  • Exemption from reading urgent decisions in disputes relating to the removal of foreigners

These options to amend the rules of procedure will end on the day of the end of the health emergency, November 15, 2021.

The remedies and time limits for appeal shall be set out in the letter of notification of the judge's decision.

You can appeal an appeal by an Administrative Court of Appeal in the following ways:

Demand for revision is not possible.