Is there an application for interim measures before the administrative tribunal?
Verified 17 January 2023 - Directorate for Legal and Administrative Information (Prime Minister)
Yes, the application for interim relief exists before the administrative tribunal.
This is an expedited procedure which results in a swift but provisional decision.
You can use this procedure to ask the administrative judge to take urgent steps to preserve your rights or property in the context of a conflict with the administration.
Like the application to the civil court, the administrative interim measure does not enable the dispute to be settled definitively.
A main trial, already initiated or to come, must take place to settle the dispute definitively.
There are several types of interim measures: some are linked to the emergency (interim suspension, interim freedom, interim protection), others are not linked to an emergency situation (finding, investigation, provision).
Title of application for interim measures | Description | Emergency condition |
|---|---|---|
It is a question of asking the judge to oppose the execution of a decision of the administration, pending a judgment on this disputed decision. For example, a demolition permit. | Yes | |
It can be used against an administrative measure that infringes a fundamental freedom. Examples are: free movement of persons, freedom of expression or opinion, protection of privacy, freedom of trade and industry. | Yes | |
It's asking the judge, even if the administration has not yet made a decision in a case, to take whatever action is necessary. However, this measure must not prevent the execution of an administrative decision already taken. Example: Interim measures may allow the administration to be ordered to provide a document which the applicant needs in order to assert a right quickly, before the expiry of a legal period. | Yes | |
The idea is to have an expert find out about the facts that could cause a dispute or quickly evolve (for example, a cellar flooded by a sewer) even before having initiated legal proceedings | No | |
Referred for an expert's report or "referred for an appraisal" | It is a question of asking the judge for an expert opinion or any other measure that goes further than simply establishing the facts. Example: Obtain expertise on potential damage to a building from neighboring works. | No |
This involves applying for an advance on an amount owed by an administration (e.g. social benefit, amounts owed by tax authorities). The provision will only be granted if the applicant's rights to that amount are well established. | No | |
Tax deferral | The idea is to request a payment period in the event of refusal by the tax authorities to grant a request for a stay of payment. Applications for interim measures may concern income or business tax, VAT, etc. | No |
In any case, you can table the request at the registry of the court having jurisdiction.
The court having jurisdiction to hear and determine the application for interim measures shall be the court already seised of the case or the court having jurisdiction to adjudicate definitively on the dispute.
You can also send the request by mail, in RAR: titleContent preferably.
You must specify "referred" on the query and on the envelope.
Judge hearing applications for interim measures
Powers of the judge hearing applications for interim measures
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