Dispute with the administration: summary record

Verified 02 February 2021 - Directorate of Legal and Administrative Information (Prime Minister), Ministry of Justice

You can use a summary record to quickly establish a situation that could be the cause of a dispute before a court and involving the administration. You must address your request to the administrative court. The assistance of a lawyer is not mandatory. If your request is accepted, the judge appoints an expert to make the finding. In case of refusal, you can appeal within 15 days before the Administrative Court of Appeal.

An application for interim measures enables you to have a situation established which may be the cause of a dispute before a court and involving the administration. You can ask for it before going to court on the merits of the case, for example to keep track of evidence that may disappear.

An application for interim measures may be made as a matter of urgency if the facts can change rapidly.

You can make a statement of claim in the following situations, for example:

  • Flooding of a cellar that can cause rapid damage to a home
  • Poor condition of a road that could cause an accident

Although it may involve an expert, the summary record cannot be used to obtain in-depth expertise. To do this, you must use the expert's report.

Please note

unlike other applications for interim measures, urgency is not a mandatory condition for requesting an application for interim measures.

The assistance of a lawyer is not mandatory.

Who shall I contact

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Online

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

Citizens' teleappeal (appeal to the administrative court)

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

The request must specify the following:

  • Subject matter of the request
  • Statement of Facts
  • Arguments on the merits of your request

On the spot

The request may be deposited with the graft of the court concerned.

Who shall I contact

The request must specify the following:

  • Subject matter of the request
  • Statement of Facts
  • Arguments on the merits of your request

By mail

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

Who shall I contact

The request must specify the following:

  • Subject matter of the request
  • Statement of Facts
  • Arguments on the merits of your request

Please note

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

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.

The judge hearing the application for interim measures shall examine whether the request is admissible.

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If your request is accepted

The judge appoints an expert (technician, commissioner of justice (former bailiff and judicial auctioneer), etc.) to make the finding and immediately inform the administration or the community concerned (e.g. the town hall, if the finding concerns a communal road in poor condition).

The observation is signified as soon as possible by the judge.

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.

If your request is refused

You can appeal of the decision of the judge hearing the application for interim measures within 15 days of service.

In case of an unfavorable decision of the Administrative Court of Appeal, you can make a appeal on a point of law before the Council of State within 15 days of the notification.

FAQ