Selecting a language will automatically trigger the translation of the page content.

Dispute with the administration: interim provision

Verified 16 December 2021 - Directorate of Legal and Administrative Information (Prime Minister), Ministry of Justice

Are you in dispute with the administration for the payment of a sum of money? You can request an advance on the claim via the interim provision procedure. You need to hire a lawyer to file the application. If your application is accepted, the administrative court will grant you a reserve, the amount of which it will set. If your application is rejected, you can appeal within 15 days to the Administrative Court of Appeal.

The interim provision is an accelerated procedure that allows you to quickly obtain the payment of an advance on a sum due by an administration (State service, municipality, public establishment, etc.).

You are not obliged to bring proceedings before the administrative court in parallel with the application for interim measures in order to obtain a judgment on the merits of the case.

Please note

unlike other interim measures, urgency is not a mandatory condition for requesting interim relief.

To make an interim provision, your claim must not be challenged by the administration and you must have received a negative response following your request for payment.

You must hire a lawyer to make an application for interim relief.

Who shall I contact

The request is in the form of a request.

You must specify the following:

  • Purpose of the claim (specifying the nature and amount of the claim)
  • Statement of Facts
  • Arguments on the merits of your request

Your lawyer must use the app Remedy to forward your request to the relevant court.

The application to the court is free of charge.

But you have to pay your lawyer's fees, knowing that you can ask the court to order the administration to reimburse you a part.

You can also apply legal aid. You may be granted this assistance if you meet the conditions. The award decision takes into account the amount of your income and the value of your assets.

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

Répondez aux questions successives et les réponses s’afficheront automatiquement

Your application is declared admissible

If your application is found admissible, the court will consider its merits in deciding whether to accept or reject it.

If your request is accepted

The judge grants you the reserve and sets the amount. He notify its decision to the persons concerned.

Please note

the judge may ask you to give a financial guarantee before paying you the deposit. For example, the freezing of a sum of money at the Caisse des Dépôts et Consignations. This allows the court to be sure that the administration will be able to recover the provision in case you have to repay it.

If your request is refused

You can appeal of the decision within 15 days following its notification.

If the Administrative Court of Appeal also dismisses your motion, a appeal on a point of law may be brought before the Council of State in 15 days following notification of the rejection.

Your application is declared inadmissible

If your application is declared inadmissible, it will be rejected on that ground.

You can appeal of the decision within 15 days following its notification.

If the Administrative Court of Appeal also dismisses your motion, a appeal on a point of law may be brought before the Council of State in 15 days following notification of the rejection.

FAQ