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Appeal to the Administrative Court of Appeal (CAA)

Verified 30 novembre 2018 - Directorate of Legal and Administrative Information (Prime Minister), Ministry of Justice

Proceedings before administrative courts

From 20 November 2020, the administrative courts may amend the rules of procedure applicable to the cases they are handling, in order to allow them to continue their activities during the state of health emergency. Changes may include:

  • Possibility for courts to communicate with parties by any means
  • Conduct of the hearing by audiovisual means of telecommunication or by electronic means
  • Possibility for judges to participate in the hearing remotely
  • Use of the procedure without an interim hearing
  • Recourse to proceedings without hearing in certain cases in disputes relating to the right to lodging
  • Exemption from reading of urgent decisions in the case of expulsion of aliens

These possibilities for amending the rules of procedure are provided for in Order No. 2020-1402 of 18 November 2020 and decree n°2020-1406 of 18 november 2020 .. They will cease on the day of the end of the state of health emergency, that is, February 16, 2021.

If you challenge a decision of an administrative tribunal, you can appeal to an administrative appeals court (CAA). 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 filing an opposition or cassation appeal before the Council of State.

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

View the email accompanying the notification of the decision of the Administrative Court: it indicates whether an appeal can be made to an administrative court of appeal.

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

The challenge to the act itself is still possible.

The query must be signed and indicate your full name, surname and address.

It shall specify the following:

  • Purpose of application (e.g. rescission of decision, claim for compensation, etc.)
  • Statement of facts
  • Arguments to support your request.

You must attach the following documents to your query:

  • Copy of the contested decision
  • Copies of supporting documents to resolve the dispute

Online

You can submit your request via the remote service Remedies citizens.

Citizen's Remedies (appeal to the administrative judge)

Council of State

On site

The query may be filed with transplant the administrative court of appeal.

View the email accompanying the notification the decision of the administrative tribunal as to which administrative court of appeal you should apply to.

By mail

The query can be sent to the court registry by courier preferably with RAR.. On the envelope, you must indicate Referral..

View the email accompanying the notification the decision of the administrative tribunal as to which administrative court of appeal you should apply to.

  Please note : if you are represented by a lawyer, they must use the application Remedies to submit your query.

General case

The assistance of a lawyer is required.

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

Disputes in respect of grand voierie tickets

The assistance of a lawyer is not required if the dispute is about a highway traffic ticket. This is specified in the letter accompanying the notification the judge's decision.

The procedure is free. However, a procedure may result in charge, in particular lawyers' fees. Depending on your income, you may be entitled to legal aid..

Metropole

The appeal period shall be indicated in the notification of the contested decision.

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

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

Overseas

You live overseas

The appeal period shall be indicated 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 referenced..

You live in metropolitan France

The appeal period shall be indicated 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 referenced..

Foreign

The appeal period shall be indicated in the notification of the contested decision.

Except in special cases, for a person residing abroad, the period shall be as follows:

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

The appeal shall not be 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 to stay of execution..

You or your lawyer will be notified by mail of the hearing date RAR or via the Telemetry service.

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

The decision is yours notified some time after the hearing.

Remedies and time limits are indicated in the letter of notification the judge's decision.

You may appeal against a decision of an administrative appeals court as follows:

Demand for review is not possible.